Justiça restaurativa: um novo paradigma na justiça criminal brasileira

Abstract

This study aims to provide a deep approach of the principles, values, concepts and process that compound Restorative Justice. Used for a long time, but only recently systemized, this model of justice approaches crime from a new perspective, differently from that used on the retributive model, making it an effective alternative for the traditional system of criminal justice. In the context of the legitimacy crisis faced by Criminal Law, which proves its chronic deficiencies, Restorative Justice gives back the due importance to the parts involved in the process, looks for the solution of conflicts through dialogue and makes justice more human and more balanced. Firstly, an analysis of Criminal Law purposes and its primordial instrument – the punishment - will be made, charting a brief history of this institute. After that, the theoretical aspects that form Restorative Justice, which uses its own principles, values and methods, will be analyzed. In the end, the main restorative experiences that took place in some countries and, notably in Brazil, will be the object of this study.