As medidas despenalizadoras no juizado especial criminal estadual e o ideal restaurativo

Abstract

This work aimed to present the application of the decriminalizing measures expressed in Law 9,099, of 1995, in order to go through the history of the creation of Special State Courts, especially the criminal area, and demonstrate how the precepts proclaimed by the legislation align with those relating to Restorative Justice. In this regard, through a bibliographical research, the study indicated the trajectory for the implementation of the Special Criminal Court, which infractions were related to it, the principles that formed the law ideal and the procedure adopted by the legal charter. Consequently, focusing specifically on each decriminalizing institute: civil composition of damages; representation; criminal transaction, and conditional suspension of the process, it was evidenced that despite the trajectory to be traced for the implementation of Restorative Justice in Brazil not being generous, Law 9,099, of 1995 represents an option in relation to the Retributive System, requiring a polishing of the procedure and the measures that comprise it. Therefore, the present examination involves much more a critical-descriptive glimpse than provide answers to the procedure deficiencies, serving precisely as a basis for the construction of solutions in the face of these.