Justiça restaurativa: uma nova abordagem do crime e da justiça

Abstract

With the frightful increase of violence and the failure by imprisonment system in reference to the re-socialization objectives, many countries have been looking for an viable alternative to solve the problem, in this intention appears a new model of justice, which proposes to see the crime and those involved in it differently than we are used to. New Zealand, at the end of the late 90’s, adopts pioneering Restorative Justice, inspired by the customs of aboriginal Maoris, as a complementary procedure to the traditional one, this new alternative had a great success in terms of prevention of recidivism of offenders in that country. In 2002, The Economic and Social Council of United Nations, through a resolution, recommends this restorative practices to the whole world. Countries as Australia, United Kingdom, USA, Portugal, Spain, Chile, Argentina, Colombia and others, had embraced the recommendation and started to adopt the restorative model as mechanism to solve the conflicts between victim and offending, in complement to the traditional model. The brazilian legislation still has not adopt it integrally, despite to have in its legal system (Criminals Special Courts, Statute of the Child and the Adolescent and the proper Criminal Code) devices that had already adopted restorative practices. In Brazil there are fully functioning, three pilot projects sponsored by the Secretary of the Judicial Reform of the Ministry of Justice and United Nations Development Programms – UNDP. The results gotten through research had demonstrated the viability of the new model in complement the current one.