POLÍTICA CRIMINAL E ALTERNATIVAS PENAIS NO ÂMBITO DA VIOLÊNCIA DOMÉSTICA: atuação dos grupos reflexivos como estratégias minimalistas, restaurativas e abolicionistas no Estado da Paraíba

Abstract

This academic work is the result of concerns about gender-based violence, which is still present at high rates in Brazilian Society and it has been considered as a public health issue by the World Health Organization (WHO). The research is descriptive with a hypothetical-deductive approach method and with an empirical and statistical procedure method. The technique used was indirect documentation, being a technical, bibliographic and documentary research. Notwithstanding the promulgation of the Maria da Penha Law and others public policies, it is clear that the mechanisms adopted so far have been shown to be insufficient in preventing new violence. Repressive criminal policy is the one that prevails in Brazil. With sexist speeches, the penal system has symbolic and institutional violence intrinsic to its structure, and thus delegitimizing the existence of violence against women. Unable to prevent the recurrence or committing of gender-base crimes, the penal system punitive view loses space for the effective methods of the minimalist and abolitionist political criminal models that, through forms of restoration, rehabilitation and respect to the human rights, seek to act on the basis of the social problem: the patriarchal values. Within these effective responses aforementioned, which change the punitive paradigm to preventive and restorative, reflective groups for men who commit domestic violence stands out. Men who participate in the group not only have a chance to reflect about toxic masculinity and understand the forms of violence, but also to breaking the cycle of violence and preventing new ones from being created. With low rates of recidivism – or with the index reset to zero, as in the remarkable example of the oldest reflective group in the State of Paraíba – along with primary public policies of the State, we are moving towards social pacification and the reduction, or even the eradication of the gender-base violence, these being the objectives of this monograph. Therefore, this conclusion work seeks to problematize the effectiveness of the penal system in face of domestic violence and reflect on the possibility of replacing the common criminal policy of repression with the incorporation of less interventionist methods and criminal political models.