Justiça restaurativa e o paradigma punitivo no brasil: Uma análise sobre a possibilidade de ampliação na aplicabilidade das alternativas penais restaurativas previstas na resolução 288/19 do CNJ

Abstract

The present work has the scope to analyze the possibility of expanding the applicability of alternative practices, with a restorative approach, in criminal justice, from the edition of Resolution 288 of the National Council of Justice, on June 25, 2019, from the bibliographic and descriptive methods. Therefore, the punitive paradigm was considered as that traditionally used by the Brazilian penal system, based on the revenge of the society against the offender and on the forgetfulness of the victim during the criminal process. Nevertheless, the present study proposes to examine the advent of Restorative Justice in the world scenario, its concepts and objectives, as well as its introduction in the Brazilian legal system, through projects aimed at the resolution of conflicts in the criminal sphere. In this sense, considering the unbridled growth of the Brazilian prison population, the use of restorative practices to replace the imprisonment becomes essential for the promotion of the culture of peace.