Mediação penal: um novo paradigma na justiça criminal

• Autor(a) principal: Montenegro, Larissa Ximenes Mendonça
• Data de Publicação: 2008
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/29431
• topic: Direito penal; Mediação

In face of the current crisis in the Brazilian criminal system, this study aims to adopt a creative and innovative paradigm to the Brazilian standards of responding to deviant behaviors defined as delictual. Instead of applying a penalty, which only causes suffering to the individual who committed harm to other, a path is open to Restorative Justice through Criminal Mediation. The hypothetical control of private vengeance impulses and a rationalized response to facts considered unlawful do not change reality. In reality, the exercise of the power of penal sanctioning implies in the grave suppression of individual guarantees and civil rights. The trajectory of punitive power, which is parallel and at times even overlaps the formation course of this impersonal and, in great measure, individualist mass society, generates social crumbling and the destruction of community ties. In this sense, penal mediation is a method which introduces the victim in the search of solutions to the problems generated by crime. This practice enables the injured party’s’ active involvement in the conflict resolution. Mediation emerges as a relegitimizing technique overlapping the preventive illusion derived of penal sanction, and culminates in the reestablishment of the communities’ faith in the legal order.