A POSSIBILIDADE LEGAL DA MEDIAÇÃO DE CONFLITOS NOS CRIMES DE MENOR POTENCIAL OFENSIVO POR INTERMÉDIO DA POLÍCIA CIVIL

Abstract

Nowadays, the judicial branch is the main way of accessing society in the search for solutions to conflictive situations. However, there is an exacerbated jurisdictional demand that sometimes undermines the effectiveness of the justice system. Given this situation, the alternative methods of conflict resolution arise as subsidiary tools to contentious jurisdiction, being able applied in criminal management, especially in crimes of less offensive potential. We accentuate that the development of such practices, especially mediation - object of study of this research - is supported by several legal instruments, such as Law 9099/95 and CNJ Resolution 125 (National Council of Justice). Based on the methodological aspects of this research, which is characterized as a case study, we analyze two national experiences, the Necrim (Special Criminal Nucleus) and the Mediar Project, developed by the civil police of São Paulo and Minas Gerais, respectively, which exploit the practices of conflict mediation in relation to crimes of less offensive potential. In our analysis, we present the circumstances that propitiated the genesis until the results obtained by such initiatives, as well as their dynamics of operation. These projects, which are currently in operation, have been reaping several positive results, whether in mitigating violence, which has its origin in these crimes, or in cooling the search for the judiciary. In addition, the development of mediation practices leads to a closer relationship between the police and society, in order to provide a new vision of its principles and values before the community. Based on the analysis of Necrim and Mediar, we can understand the practices of mediation of conflicts in their totality and complexity and, based on this, to envisage mediation as a legal possibility in crimes of lesser offensive potential through the civil police.