A ineficácia do sistema penal tradicional e a justiça restaurativa como proposta para promoção da paz social

Abstract

The present monograph intends to approachthe crisis of the traditional model of criminal justice, emphasizing the Brazilian context, proposing the innovator format of the Restorative Justice as a way of meet the deficiencies of the traditional model. For that, initially there will be made accurate considerations about the origins of the actual criminal system in Brazil, as well as about its structure, in the legislative, administrative and judiciary aspects. Also there will be discussed the purposes of the Criminal Law and the goals of the penaties, with focus on prison penalty, the basis of the criminal systems all around the world. Then, there will be commented the criminality question, its devastating effcts and its legal instruments inadequacy to prevent and solve the social conflicts, so that it would satisfy all involved subjects' interests. Searching how to improve the current system, aiming to get reduction of criminality rates, there will be presented suggestions from society, from Government and from specialists to get this target. After that, will be presented the Restorative Justice as a proposal to achievement of the desired social peace, since it intends to involve the victim, the offender and the community more directly affcted by the crime committed in a dialectic and informal process, so that there is not moorings of the bureaucratic and segregating procedures, typical from the traditional model of criminal justice. There will be presented data about its historical backgrounds, its operationalization mechanisms and some cases of restorative practices in the countries that support and use it. Lastly, there will be made a reflection about its limitations and about the possibility of its implantation in Brazil.