Análise da Justiça Restaurativa no Brasil: um paradigma ainda em construção

Abstract

This study has the objective of presenting the principles of Restorative Justice against the remarkable crisis context of the traditional criminal justice system, which, based on retributive model, confiscates the conflict of their owners and prevent them from actively participate in the search process of the solution of controversy. The penalty is the manifestation of state power that prints pain and distress and does not solve conflicts on which the criminal system intervenes. Based on these premises, Restorative Justice appears as a new form of criminal intervention, in order to repair the damage and the rebalancing of social relations. This new model is guided in procedures based on the ethics of otherness, providing dialogue, reflection and empowerment for the parties, autonomously, resolve their own conflicts. Confronting the model of retributive justice to the model proposed by restorative justice, it appears that this is shown as a more humane, legitimate and democratic system, based on the protection of fundamental rights. Although it is a major highlight system internationally, in Brazil the first studies have just over 10 years, which indicates that the issue is still under development in the country. After the demonstration of its basic principles, the role of those involved and considerations about the pilot projects already implemented in the country, as well as the bill project 7.006/06, we seek to demonstrate the challenges still to be overcome in order for restorative justice reach in Brazil the propounded purposes, since, due to the alarming increase in crime, society is proving increasingly inflexible to alternative measures to prison.