A VIABILIDADE DE APLICAÇÃO DA JUSTIÇA RESTAURATIVA AO SISTEMA PENAL BRASILEIRO

Abstract

The present work for the conclusion of a visa advocate course the greater insertion of restorative justice methods in the national penal system as an alternative to crisis it has been facing. Alluded methods have long been widely used around the world, especially in countries like New Zealand and Canada, and continues to expand, having excellent results in relation to rates of recidivism of criminals and the level of satisfaction of needs, which, in the system traditional criminal law, end up being completely neglected, which can lead to dire consequences. Practices similar to restoratives already recognized being used in civil cases, extrajudicially, and, gradually, we can observe a timid advance also in the penal area, which came through the Law of Special Criminal Court (Law 9,099/95), as well as Council Resolution 225 National Court of Justice. However, even when applied, as conciliation techniques do not yet consist of restorative justice itself, as it evades its main assumptions. Furthermore, they are always limited to misdemeanors and crimes of minor offensive potential, whose penalty does not exceed 2 (two) years, even though the countries that are already locals following the paths of this alternative justice for some time also apply it to the most serious infractions, and also obtaining results satisfactory. Thus, through this work and through the predominant use of hypothetical-deductive method, we will analyze how it would be possible and viable the use of this alternative justice in Brazil. Finally, in the finals, you can be verified to what extent it would actually be possible to apply it and as a preference advantages arising from this great change for society and Human Rights.