Despenalização pela reparação dos danos: perspectivas para uma nova ordem jurídica.

Abstract

The concern with the new directions of the Penal Right comes to offer an evolutionary vision and at the same time a critic parallel tendency to orientate a perspective more humanist and less repressive of that branch of the right. Before the patent bankruptcy of the Brazilian penal system and of the public safety's weakness, they are in the order of the day the discussions about the solutions that seek to the politics of social pacification and control of the crime. And it is with that I aim at that will be looked for, in that work, to delineate new proposed of solution for the problem of the crime, in an escape to the grievous penal repression, through means that assure the social to reinsert and that the disastrous coexistence of small criminals is avoided with criminals of degree of high danger. It is with views the that perspective that will intend penal softening for the Repair of the Damages in some penal types, not with the objective of solving the whole problem of the criminality in the Country, but of being the starting point for a gradual reform of the penal system, supported in solid bases and shimmering the man's dignity and the social justice. Like this, the Brazilian juridical-penal order could lean over in those serious facts, that reach important juridical goods and in that the aggression is irreversible, just applying in those cases the penal solution. The other crimes would deserve a penal to substitute capable to solve the conflict. Like this, if the damage is reparable, your recovery, since satisfactory, it would be the easiest road and exactly for application of the justice. The decrease of the penal incidence in relation to the crimes of small or moderate gravity would provide an installment more efficient penal jurisdiction, because the Judiciary Police better could carry out your function, just investigating really the crimes worthy of the it tutors penal; and the criminal Judges would have more time and freedom of judging the cases that import serious social repercussion. That imposes an obligatory revision of the system of featherses effective, for the victim it is not robbed of your problems, so that, as well as the author, it can participate in the solution of the conflict, starting the conciliation to occupy prominence place in the conflicting relationship, that backed in restorative mechanisms, it comes to turn unnecessary the penal reprimand, that would submit the victim to new insipidities. It is, therefore, advocated more quickly by the Modern Criminal Politics the creation of mechanisms that they assure the victims the satisfaction of the damage the possible. The intention is pointed out of presenting in the work an approach that swallows new and modern understandings concerning the theme, as contribution form and support to the understandings that appear that they give new treatment to the crime, while human and social fact worthy of the concern of the Criminal Politics. The methodology used in the present work if she gave through the study of doctrines, books, magazines, scientific goods and internet texts, as well as for the analysis of data obtained in organs of Public Safety, while the method was of analytic and historical stamp systematic, discloser of the pitiful results of the penal repressive system that one find submerged in a deep crisis, for which she have not been discussing exits.