Justiça restaurativa como política pública alternativa ao sistema penal: possibilidade e viabilidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The investigation of the research focuses on the possibility of restorative justice as an alternative to use of deprivation of liberty, and therefore also to its own penal system. The object defined within this theme is the state public policy for dealing with the "crime", to be verified from the perspective of Critical Criminology, challenging the legitimizing discourse of current policies adopted in a model of neoliberal state. The research is exploratory, based on theoretical literature and exploration of analytical documents on some restorative practices in Brazil and other countries. We analyze also the legal, as the UN resolution on restorative justice, the possibilities of adopting this model of justice in Brazil with legislation and also the Bill that deal in Congress. The findings, necessarily provisional, suggest that, while restorative justice is a chance to supplement or assist the criminal justice system, being a feasible model for the treatment of some specific cases, as in the case of crimes of dangerous potential. However, it also follows that there is need for further study of this type of justice, especially as regards the implementation of participatory democracy in a country with strong democratic deficit, in addition to recognition of the Brazilian social inequality as an obstacle to a model that assumes the essence of the existence of formal and material equality.

ASSUNTO(S)

sistema penal penal system criminologia crítica direito penal justiça restaurativa restorative justice critical criminology

ACESSO AO ARTIGO

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