A justiça restaurativa aplicada nos crimes de violência doméstica: um olhar sobre a vítima

Abstract

The crisis of the state repressive system brought the restorative justice as a prone new disposed paradigm the break with the old pattern merely punitive. In Brazil, restorative practices are in growing evolution and the tendency is that that new look on the conflict wins more and more space inside of the legal order. Like this, the present work search to analyze the viability of the application of the restorative justice in the solution of conflicts originating from of crimes of domestic violence, being analyzed the application of the restorative justice in the resolution of the cases that involve gender violence if it would be one a possible and beneficial alternative for the victims, once the restorative method demonstrates to be more humanitarianer than the method traditional retributive, that excludes the parts of the resolution of the conflict. For that, the deductive method of approach, and the methods report was used, comparative and procedure monographic. The research search to define the concept of restorative justice, their values and beginnings, as well as to demonstrate applicability in the current Brazilian scenery. Besides, has as intention to emphasize the different perspectives of applicability of the restorative justice in the crimes of domestic violence, bringing contrary and favorable arguments to application, especially as for the victim's needs. Like this being, it demonstrates social relevance in the measure in that the feminine empowerment and the fight for same rights among the gender are a current and polemic theme of the contemporary society. At the end, it is inferred that independent of the used model, the victims' needs should be exalted, being analyzed in a detailed way each concrete case.