Justiça restaurativa como método adequado de solução de controvérsias penais: subsídios para uma gestão não violenta

Abstract

This essay aims to assess the feasibility of restorative justice as a method to solve penal controversies. Initially, a chronology of different state reactions to social conflicts will be exposed, aiming to question the supposed inevitability of the current criminal system. Next, we will seek to break down the mistaken idea that imprisonment always enjoyed the status of favorite punitive modality. In this context, the legitimating functions of incarceration will also be refuted. Subsequently, we will discuss some theoretical frameworks that provide consistent criticism of the traditional penal system, such as radical criminology , penal abolitionism and victimology . Once demonstrated that the confiscation of the conflict and the deprivation of liberty penalty lack legitimation, the construction of a new model is understood as possible. In this way, a thorough and in-depth study will be done on restorative justice, which includes conflict resolution programs that have in common the central, direct and voluntary participation of offenders, offended parties and community members affected by a given crime. It will be explained that those involved should seek, through dialogue, to restore the relationship broken by the offence. Therefore, we will reflect on possible obstacles to this form of conflict management, commenting on the empirical and normative initiatives already verified in Brazil.