A Aplicabilidade da Justiça Restaurativa no Processo Penal Brasileiro

• Autor(a) principal: LUIZ VICTOR FERNANDES TORRES
• Data de Publicação: 2024
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/9080
• topic: Direito Penal. Mediação. Conflitos. Justiça Restaurativa.; Ciências Exatas e da Terra

The failure of the Brazilian criminal system is notorious, and an in-depth study is not necessary to understand that it is not always able to satisfactorily address issues such as the real functionality of criminal sanctions and the individual's social reintegration. Requiring a continuous rethinking of the criminal justice model, marked by punitive intervention under the paradigm of disapproval of the act based on the imposition of a penalty on the person who broke the law. This article aims to describe the fundamental premises and applicability of restorative justice in the Brazilian system. This is a descriptive, qualitative research, developed through bibliographic review, where a literary study of selected. The idealist philosophy has been triggering countless discussions about the effectiveness of Brazilian criminal policy. On the one hand, society, faced with growing insecurity, calls for stricter criminal sanctions, on the other hand, justice operators trying to restore credibility, especially that of the judiciary, already eroded by decadence and discredit. In this context, Restorative Justice was born in embryonic steps, giving rise to a new dogma of Criminal Justice, causing reformulations in the criminal process, focusing on the victim and the offender, instead of focusing only on the crime 3 committed. Seeking in its essence the mediation of conflicts, aiming at social pacification and the reintegration of both the offender and the victim, and even the community in which they live.