Justiça restaurativa e mediação penal: como evitar a revitimização das mulheres vítimas de importunação sexual?

Abstract

This paper seeks to address: how can restorative justice, through criminal mediation, avoid the process of revictimizaction of female victims of sexual harassment in the Brazilian territory? As a general objective, we sought to analyze the role of this restorative model as an instrument to prevent the revictimization of women by the Brazilian criminal system itself in conflicts involving such crime. Specific objectives include explaining what is restorative justice and criminal mediation; as well as the need for a critical construction of this model; an explanation of what is secondary victimization and its impact on female victims of sexual crimes; and the description of the criminalization process of the conduct typified in sexual harassment; thus intending to debate the viability of using this alternative model to manage the conflicts involving this type of crime. As for the methodology, bibliographic review and analysis of documents were used, associated with an online questionnaire to examine the occurrence of sexual harassment towards women who frequent spaces in Salvador and the Metropolitan Region, in order to verify if these women appeal to the criminal system, how they are treated in this context, or, if they do not seek any formal assistance to deal with the situation. It follows that the treatment given to victims by the Brazilian criminal system promotes the process of revictimization. Given the above, the construction of a critical restorative model, attentive to gender issues, is advocated to allow female victims of sexual harassment to have an alternative, through criminal mediation, to resolve their conflict without having to be subjected to the violence of the criminal system and without suffering further harm.