ABSTRACT

It is customary to think primarily of the retributive or vindictive dimension even of canonical justice, as if it could only be expected to be a dutiful application of the rules, in the light of the principle summarised by the phrase unicuique suum tribuere, derived from Cicero. In reality, canonical justice also carries within itself another, broader potential, which stems from its roots in the Gospel and in the life of the ecclesial community. In this sense, the idea of developing justice as an instrument of reparation and regeneration is increasingly emerging, particularly in the context of the synodal journey desired by Pope Francis for the whole Church. In particular, the object of the present contribution is to show how canonical justice, within a process for the declaration of the nullity of a marriage, can show its restorative and regenerative face under certain conditions: extending beyond the process itself, both before and after it, in conjunction with pastoral care; to be applied in a synodal spirit; to promote the responsibility and contribution of Tribunal Ministers and Lawyers, for the good of the faithful who wish to discover the truth about a fundamental event in their lives, such as the celebration of marriage.