Os efeitos da justiça restaurativa no Brasil

Abstract

The present monographic work proposes to analyze that the punitive form applied by the state to the violation of some norm of the legal order is not the most effective, since the criminal resocialization is not successful. The retributive model of justice adopted by Brazil is only concerned with punishing the agent who committed the crime, not paying attention to the victim and society, ignoring the negative future consequences that this may cause for all involved. Restorative Justice appears as an alternative way of assisting the state in the attempt to resolve a litigation in a quicker, softer, more humane and flexible manner, showing itself as an instrument capable of being able to adapt to each concrete case, thus increasing the chances of success in resolving that conflict. The purpose of this study is to analyze Restorative Justice, its contribution to the resocialization of the offender, its effects in Brazil, its origin, its principles, main characteristics, challenges and its importance as a facilitating method to unite the parties and solve a situation, showing the benefits that this alternative means can give to all those involved in the conflict. Finally, we tried to analyze the cases with the possibility of applying the restorative method and its importance for the restoration of the violator before the social life, listing their positive benefits for the welfare of the victim, state, society and offender. The method used for this study was the bibliographical and documentary research, which gathered information that will serve as a basis and support for the proposed theme.