A mediação como instrumento da justiça restaurativa no âmbito do sistema penal

Abstract

The present work was conceived from the need to update the current punitive system, in view of the changes planned through Restorative Justice. With the advent of this new perspective, the punitive approach has been turned to the treatment of conflict and not only to punishment itself. In order to demonstrate this normative change, a conceptual analysis of the Restorative Justice Institute was made, presenting the historical context in which it developed, as well as comparing the restorative point of view with the retributive dimension. Restorative Justice is an innovation in the criminal area and can be exercised through restorative practices, among which there is mediation. The work was developed focusing only on this practice. With regard to mediation, a conceptual and historical analysis of its application in the Brazilian legal system was also developed. Mediation was explored within the criminal sphere, because, unlike what happens in the civil sphere, in the context of Restorative Justice, it still has little applicability in the criminal legal system; In this way, Restorative Justice is a modern concept that is gradually being implanted in the Brazilian legal normative system. The mediation was analyzed through connection points that unite the two institutes, mainly on the principles that inspired the legal devices of mediation and Restorative Justice. It was reported the pioneer case that occurred in the State of Paraíba involving victim-offender mediation, evidencing the real effectiveness of the innovative method of dispute resolution, however, due to lack of incentive, the project did not follow up. It was concluded that the two institutes have a promising potential, and that the application of mediation in the criminal sphere through Restorative Justice is an important instrument for the implementation of an effective punitive system that fulfills resocializing ideals.