Justiça restaurativa: um toque de humanidade no Direito penal
The dissertation addresses the concept of Restorative Justice and its different aspects, and seeks to show how this model is able to provide viable and more responsive solutions to human needs even if its aim is to solve conflicts involving criminal cases. Considering this is workable model and a tr...
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| Tipo de recurso: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2013 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/6207 |
| Acceso en línea: | https://tede2.pucsp.br/handle/handle/6207 |
| Access Level: | acceso abierto |
| Palabra clave: | Justiça restaurativa Direito penal Mediação Justiça penal Restorative justice Criminal law Mediation Criminal justice CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO |
| Sumario: | The dissertation addresses the concept of Restorative Justice and its different aspects, and seeks to show how this model is able to provide viable and more responsive solutions to human needs even if its aim is to solve conflicts involving criminal cases. Considering this is workable model and a true alternative to traditional justice, the study recovers the historical background of Restorative Justice and its leading thinkers, to show the evolution of this approach and its implications around the world, encompassing all variables that different times and cultures impose to human behavior. The research found out that the restorative process inevitably requires a close and active interaction between offender, victim and other stakeholders associated, such as family, in order to restore peace among them all. In this line, the dialogue between the parties is mediated by a highly impartial person that is not involved in the case, who will assist both conferencing and negotiation. The focus of the restorative process is the solution of the conflict, and not what has caused it. This aspect is very relevant and, in our point of view, it is responsible for making this model more efficient compared to the punitive one. This is so since it enables the victim and the offender to reflect voluntarily on what happened, and in some cases understand that the consequences surpassed the intention. When applicable - because some situations do not allow it it transforms humans (or leads to their transformation) and can contribute to lower rates of recidivism, as proven in some places |
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