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Aplicabilidade da Justiça Restaurativa nas Delegacias de Polícia – a Autoridade Policial como facilitador (a) na resolução de Conflitos Penais
| Content Provider | Semantic Scholar |
|---|---|
| Author | Cedraz, Nohan Zardec Santos |
| Copyright Year | 2017 |
| Abstract | The crisis within the Brazilian criminal justice system brings to the fore a necessity to rethink the currently paradigm in criminal law. The high rates of incarceration, recidivism and the daily violence into civil society demonstrated the gradual failure of the traditional criminal justice system and indicated a disbelief of society in such system, which does not seem to submit a satisfactory solution regarding this issue. Initially, it is important to highlight that within the ideal retributive justice the offender receives a "punishment" for the harm caused and the victim is relegated to oblivion. In this regard, citizens observe the punishment as an example to not incur in the same mistake that leads to the punishment and as a result this system no longer holds. In this context, conflict resolution approaches are urgently needed to those whom are truly affected by the conflict: the victim, the offender, and the community. For this reason, restorative justice appears as a new paradigm of justice, an alternative to the traditional system. It is due to the fact that the main goal of restorative justice is the valorization of dialogue between the parties, the empowerment of the victim, personal responsibility of the offender, the reparation of any harm caused and the participation of the community as a means to resolve the conflict. Additionally, in the world stage the expansion of restorative justice has been remarkable in the past years. According to the resolution 2002/12 of the United Nations recommends the use of restorative justice programs for resolving conflicts in criminal matters. Therefore, the restorative practices are applicable in several countries and the result indicate satisfaction of the parties involved. Those results were obtained through restorative agreements that represent their responses to the conflict. Moreover, in Brazil restorative justice has been applied in the scope of Special Criminal Courts through mediation in offenses of less offensive potential based on the advent of Brazilian Law 9.099 / 95. However, jurisprudence around the world proves the possibility of applying restorative practices in crimes of greater offensive potential, including theft. Finally, application of restorative justice regarding crimes of theft is fully feasible and it can be seen as a parallel measure to the criminal procedures. Therefore, it aims to attenuate of the guilty verdict to the condemned that participates in a restorative agreement and the reparation of the victim. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repositorio.ufba.br/ri/bitstream/ri/24901/1/Cedraz,%20%20Nohan%20%20Zardec%20Santos.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
