Mediação Policial: da produção de culpados à justiça restaurativa

Abstract

This paper aims to study the role played by police forces in the restorative model of state intervention against criminal conducts. In this aspect, the main questions involving the paradigm of the traditional criminal system are raised as a way to reflect on the legitimacy and effectiveness of the current punitive system, considering the new function of the judiciary police in social control and the role of the victim in the criminal phenomenon. In addition, the consensual methods of mediation and conciliation are discussed, with the intention of analyzing the most adequate for what restorative justice proposes, with emphasis on police mediation. The central hypothesis developed in this work revolves around the applicability of restorative justice in police headquarters and the legal and extra-legal effects that this may generate. To this end, data from the police mediation centers linked to the Civil Police of São Paulo, of the Federal District and of Sergipe are exposed, which serve as a basis to criticize the new project of the criminal procedure code, as well as to demonstrate, empirically, the efficiency of the procedure adopted by the Special Criminal Nuclei (NECRIM's). It is concluded that the use of restorative justice in the scope of the judiciary police is essential for the change of paradigm in face of the current model of response to crime by the Brazilian criminal system, which generates greater approximation between police and society; greater humanization on the part of police officers; reduction of cases submitted to the Special Criminal Courts; reduction of criminal recidivism and prevents the occurrence of more serious crimes. The study is based on a literature review. The data was collected electronically and through interviews, the latter being focused with the Civil Police Delegates, Dr. Ana Carolina Machado, General Coordinator of Projeto Acorde (PCSE), and Dr. Anie Rampon Barretto, creator of the new project of police mediation of the PCDF, and that through the exchange of emails with the Delegate Clóves Rodrigues da Costa, responsible for the implementation of the NECRIM of São Paulo and with the Coordenadoria de Estatística e Análise Criminal (CEACrim), linked to the Civil Police of Sergipe.