Justiça restaurativa aplicada aos casos de violência doméstica e intrafamiliar contra a mulher: desafios e possibilidades

Abstract

The present study proposes, ultimately, a reflection on the possibilities and challenges of applying Restorative Justice to conflicts generated in the context of domestic and intrafamily violence against women, from a perspective of a paradigmatic crisis of the classic retributive justice system and of the birth of a new proposal for the realization of justice, based on a new paradigm, the restorative one. It is, therefore, a study that seeks to contribute to the debate that revolves around the inefficiency of retributive justice in the treatment of domestic and intrafamily violence against women, as well as the application of Restorative Justice to conflicts arising from this phenomenon, proposing a (re)think in the sense that this new model of justice is applied to these conflicts, regardless of the type of crime committed, whether of a serious nature or not, provided that the peculiarities of each case and the willingness of those involved to adhere to the practices are observed. , especially the victim. In specific terms, we sought to demonstrate the possibility that, using the JR, the aggressor may not be included in the domestic violence statistics again and that the victim, in turn, does not see herself in a decision-making space that brings her the relive from all the violent act suffered, but rather in a safe, empowering space capable of transforming conflict and promoting a true culture of peace. Regarding the methodology, the research developed is essentially bibliographic and documentary, with a qualitative and dialectical trait. With regard to structuring, this work has structured development in three chapters. From the analysis and investigation carried out, it was possible to infer that the application of the JR, without claiming to replace the classic criminal system, can be an adequate and effective way to obtain new answers to the conflicts generated in the context in question, without denying or disregarding the asymmetries. of power inherent to gender relations and without uniformly and a priori ruling out the possibility of focusing on crimes of a serious nature, by observing the singularities of the cases, with the ability to interrupt the reverberation of violence from the transformation of these conflicts and the promotion of a true culture of peace, weakening the idea of the paradox between this proposal and the formulations of feminisms, as well as the idea that incarceration should be the only and common response to crime. On this transformative and pacifying potential of JR, it was possible to reflect that, in order to be achieved and properly experienced, it requires a change in the legal culture, through the effective exchange of the lenses traditionally used by jurists, including the expansion of legal feminism, whose ultimate goal is to the full exercise of female citizenship.