Da jurisdição repressiva à justiça restaurativa: arriscando o (im)possível

Abstract

With the advent of the modern State, the criminal procedural system had as the main purpose the implementation of freedom custodial sentences to the offender, due to a behaviour that is contrary to the legal and social order, charging him the guilt and pain by the criminal act. The punishment became, beyond a response to society, a fair retribution to the harm committed and a state threat symbol, distancing themselves from principles and fundamentals wich underpin the Democratic State of Law. Hence, through a phenomenological method hermeneutics, the present study approached two main perspectives: The first one consist in demonstration of the crisis from traditional criminal justice system, both in its procedural bias, as in the orbit of the prison sentence execution. The second perspective derives from the first one, since it emerges the need to investigate an alternative model of criminal conflict treatment. In this sense, through a "new lens" to analyze the crime, the Restorative Justice cross the superficiality from the repressive paradigm and deepened into the conflict intersubjectivity, providing opportunities to a dialogical space between the victim, the offender and the community achieved with the offense practice. Therefore, it has been aimed a subject restoration through a harmonious way with the principles enshrined in the Federal Constitution of 1988, as beyond the possibility of repairing the damage, applies the principles of conflict alternative resolution, of consensus, the absolute respect for human rights and, last but not least, the dignity of the human person.