Justiça restaurativa no âmbito da violência doméstica: análise da construção do Projeto Ama Maria na comarca de Brumado/BA

Abstract

The aim of this study is to analyze the possibility of applying restorative justice in cases of domestic violence against women. Some of the origins of restorative justice will be explained, such as the legitimacy crisis of the current criminal punitive system, which is based on retributions. The restorative justice has achieved international recognition as a form of conflict management that is different from the traditional penal system. This research allowed to show that the restorative justice has different principles and values from the traditional justice model, also it encourages the victim's participation in conflict management, and attempts to restore any damage caused by a more context- and process-orientated approach that does not exclude or stigmatize the offender. This theoretical analysis of restorative justice was sought to find out if it is compatible with the principles and norms of the Brazilian legal system. In order to determine if the application of the restorative justice as a way of managing this type of social conflict, the topic of domestic violence was discussed on the basis of a short analysis of the Law Maria da Penha. For that purpose, a qualitative research was executed, focusing on the analysis of the construction of the Ama Maria Project of the District of Brumado, State of Bahia, an initiative that proposes to apply restorative justice to cases of domestic violence. Finally, this work aims to verify the benefits and, on the other hand, the challenges that such a Initiative may face.