Justiça restaurativa: o reencontro com a legitimidade e suas possibilidades no sistema penal brasileiro.

Abstract

The Restorative Justice presents itself as a possibility in the adoption of alternative models for the conduct of conflicts, objecting to provide a more affective environment and less concerned with formalisms, a justice closer to the social environment. In this way an analysis was carried out whose objective was to evaluate a new model of treatment for the criminal conflicts. The method of dialectical approach and the method of comparative procedure were adopted for this purpose. It has been seen as main results that the possibility of Restorative Justice is presented as viable and that, although it is a relatively new subject, conflicts have long been resolved through restorative techniques and precepts. From ancient times, primitive communities used this framework to pacify their conflicts. As a comparative law, since 1998, some countries have joined the restoration movement, and the practices and projects carried out in Australia, the United States, Great Britain and Argentina can be punctuated. As for the order of the country, it is inferred from the normative basis analyzed by the proper adaptation of the institution of Restorative Justice in the Brazilian legal system, highlighting the need and understandings surrounding its regulation. The conclusion is that the Restorative paradigm does not have a rigid framework and does not attach to closed definitions about its conceptualization, but rather accommodates a series of precepts, practices and principles that are applied in a way that is opposed to that which binds the justice system criminal. In this way, it was considered that the model that best responds to the recommendations of non- violation of rights and holds less discomfort for those involved, seems to be what results in the middle between the two theories, that of punitive and restorative justice. Among its developments, it was decided to observe its implications in the fight against crime, presenting Restorative Justice as a legitimate attempt to reduce violence and restore peace.