“Eu vou expor ele na internet”: contribuições da justiça restaurativa para a resolução de conflitos de gênero evidenciados pelos exposeds e a sua aplicação no processo civil e penal brasileiro

Abstract

Violence against women is a constitutive part of modern society, finding in patriarchy its biggest spreader. Such an instrument is also capable of influencing social structures, including the judiciary, producing the perpetuation and repetition of a series of damages to women. on one context of lack of legal assistance, women sought other ways of listening, including reporting on social networks the episodes of violence suffered in the midst of their relationships – phenomenon known as exposed. From these premises, the present research is structured in three items, with the objective of venting outputs to the traditional process. Guided by the dialectical method, the thesis and antithesis of the arguments are presented, in order to build foundations for better management of gender conflicts. The first item of this research focuses on the patriarchy and its multifaceted social implications, as well as the search for answers to conflicts outside the institutional framework, with the use of exposeds. On the other hand, it was shown that practice also violates fundamental rights and guarantees of the “exposed”, so the State must seek mechanisms to mitigate the damage of these problems. Therefore, in the second item, Restorative Justice is presented as a mechanism capable of mitigating the consequences of conflict, thanks to its formative values ​​and principles. Finally, there is the possibility of application of the method in the Brazilian civil and criminal process, demonstrating the possibility of integrate or replace the traditional process, thanks to existing regulations in national law