Trocando as lentes do Ministério Público: a violência doméstica contra a mulher na perspectiva das práticas restaurativas

Abstract

The present study investigates how Restorative Justice can contribute to the work of members of the Brazilian Public Ministry who deal with domestic violence against women. In addition to its role as holder of public criminal action in the Accusatory System, it cannot neglect its natural profile as an institution, primarily concerned with safeguarding society and defending its interests. The evident dissatisfaction with the justice system, the growing increase in domestic violence against women, prison overcrowding and the fragility of the community sense lead to the need of a reassessment of the mission of the Public Prosecutor in facing this type of crime, traditionally conceived under the conception of retributive justice, as a mere accuser. The role of the Public Prosecutor in a restorative justice system was analyzed, questioning whether the maintenance of the obligation of the mandatory criminal action is necessary, in the face of legislative innovations that suggest the emergence of the principle of regulated opportunity. In order to deepen this study in empirical data, the research was developed through qualitative analysis of data collected from police inquiries received by the Central Investigations Office of the Regional Prosecutor's Office in Barreiras’s city, related to the crimes that occurred in 2019, with the objective of extraction of reports and visualization panels of the “Socio Demographic Profile of Domestic Barriers Violence”. From the literature review on the topic, the formulation of possible preventive and restorative interventions was developed, in order to the Public Ministry to act in partnership with the multidisciplinary network for the protection of women, acting as an inducer of public policies.