Justiça restaurativa: novo paradigma de política judiciária nacional
The present study aims to address the restorative justice as a democratic-participative movement able to integrate definitively the national criminal and judicial justice. Its justification lies in the change necessity in the penal system and their process mechanisms, which do not provide efficie...
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| Formato: | Dissertação |
| Idioma: | por |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/21320 |
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| Resumo: | The present study aims to address the restorative justice as a democratic-participative
movement able to integrate definitively the national criminal and judicial justice. Its
justification lies in the change necessity in the penal system and their process mechanisms,
which do not provide efficient answers to the challengers of manage disputes and neutralize
violence. In this sense, the aims of the study was to present the restorative service to be
offered to the judiciary, as an alternative or complementary model to the criminal and juvenile
justice. This study used the bibliographic and documental methodology to analyze
qualitatively the consulted sources. The study assumes that the Constitutional Democratic
state is a transformer mean of the status quo and it see the justice access as a fundamental
right. The results of this study related to the restorative justice include values, principles,
people affected by litigious and their techniques. The present study carried out a theoretical
discussion of the restorative and traditional justice to demonstrate the differences and
similarities between these models, which include the possible collaboration and coexistence
that they could have together. Therefore, this study concludes that it is necessary to reorganize
the criminal justice system in Brazil. This should be done through the institutionalization of
the restorative justice for the state segment using the task number 8/2016 of the National
Counsel of Justice (CNJ). This work also addresses the challengers and risks of the
implementation of this new paradigm of the criminal justice, which has as a starting point the
experiences in the Brazilian judiciary. The work will use the mediation of the technique
victim-offender and will put in place the central question of the democratization of the
judiciary itself. In conclusion, the study resulted in a solid comprehension of what is possible
to integrate in the present-day restorative justice model in the Brazilian criminal and judicial
politics. However, this integration will not replace the present-day traditional model, as the
restorative justice is a new tool to deal with conflicts using the meeting, reparation,
resposabilization, integration and inclusion as a way of social pacification. |
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