A (im)possibilidade de racionalização da justiça penal através da justiça restaurativa

Abstract

This paper aims to analyze the possibility of reforming Brazilian Criminal Law through the implementation of restorative justice. The research is important due to the evident inefficiency of the criminal system, which punishes individuals with penalties incompatible with the fundamental rights of human beings, while also failing to provide victims with resolution to the conflict and reparation for their harm. In this sense, the paper seeks to investigate the historical context of the victim and the offender, as well as the foundations of custodial sentences, in order to identify a new system of criminal justice that restores the protagonism of the conflict to the real stakeholders and promotes understanding of the consequences of criminal acts for victims and society. To reach its conclusion, the study examines the emergence of restorative justice, as well as its principles and methods. Finally, the paper explores the possibility, or impossibility, of achieving penal abolitionism through the institution of restorative justice