Justiça restaurativa: um modelo alternativo de solução de conflitos
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Date
2021-12-15
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Universidade Católica do Salvador
Abstract
The presence of conflicts in various orders is inevitable life in society.
The crime, for example, mirrors a social conflict that causes harm to the parties and
breaks with the balance of intersubjective relations. Hence arises the right of the
state to punish through the traditional penal system, based on the model of
retributive justice. Currently, it is realized that this model has not responded to the
satisfaction of the demands and objectives to which it is proposed. More often, there
is a society immersed in numerous crimes, from those of minor offensive potential to
the most violent crimes. From the above in these premises, there is an urgent need
to rethink the current punitive model of criminal justice.Thus, the Restorative Justice
emerges in this scenario, which proposes a new form of criminal intervention, with a
view to reparation of damages and the rebalancing of social relations. Thus,
restorative justice aims at the idealization of a more humane, legitimate and
democratic criminal model, based on the protection of fundamental rights, as well as
on the construction of a free and solidary society. The Brazilian conflict resolution
system has several lenses through which possibilities and insertion of restorative
practices are contemplated. There are in the Brazilian legal system some criminal
institutes that have a new paradigm to adapt them to the precepts of Restorative
Justice.
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Keywords
Justiça restaurativa, Ordenamento jurídico brasileiro, Reparação de conflito, New paradigm, Brazilian legal system, Restorative justice, Repair of damage