Justiça Restaurativa: a humanização da justiça e a sua aplicabilidade nos casos de vio-lência doméstica contra a mulher

Abstract

The present work presents Restorative Justice as a new look at the conflict of domestic and family violence against women and as a proposal to replace the retributive model of jus-tice. It records the origins and growth of the justice restoration movement in the western world and in Brazil, seeking a humanization of law based on the foundations of fraternal law and moving towards restorative justice. Strolling through the characteristics, fundamentals, principles and values of restorative justice. It establishes a dialogue between the presupposi-tions of restorative justice and the philosophical concept. To develop the theme, the deductive method approach was used. The approach is of monographic and bibliographical research techniques. We tried to show that pure punishment could be replaced by recovery. A simple punitive prism for a culture of recovery and conflict abandonment, replacing shock with dia-logue, chaos and twilight with the ability to continue to experiment with restorative justice and its restorative practices. From this approach, the study will analyze the applicability of restorative practices in cases involving domestic and family violence against women and how their application can obtain more effective results than the application of punishment based on the mere deprivation of liberty of the aggressor, as well as their participation in reflective groups, providing reflection on the internal and interpersonal conflicts that contributed to vio-lent behavior, so that the now aggressor, after due instruction, interception and reflection, concludes that there is no legitimacy to practice attitudes that violate women's human rights and not to practice such acts again. It was also concluded that the restorative justice model is the most adequate to the problem, above all due to the active involvement of those directly affected by the conflict, with the capacity to reproduce the meaning of the relationship, of family and affective relationships, as well as to deconstruct the naturalized idea of male primacy socially legitimizing violence against women is culturally acceptable and constructive.