A aplicação da justiça restaurativa e da mediação penal nos crimes de violência doméstica contra a mulher

Abstract

The present study aims to analyze in a sociological and critical way the domestic violence against women in Brazilian society, with a deepening in the study of gender conflicts and analyzing the conditions and the environment in which these crimes take place. After presenting the problem of domestic violence against women, the Maria da Penha Law will be discussed, which was the legislative response to eradicate this type of violence. The law will be analyzed in legal form, and after demonstration of statistical data, its effectiveness will be demonstrated. After the demonstration of the data on domestic violence and the finding that this law was not efficient in what was proposed, through a critical approach to the punitive system in which the law is inserted, will be defended the criminal mediation, instrument of restorative justice, as an alternative for cases of domestic violence against women and as an alternative to traditional criminal proceedings. Finally, the compatibility of criminal mediation with the Brazilian system and its applicability in cases of domestic and family violence against women will be verified. For the application of scientific rigor to the presented work, the method of research of Hegelian dialectic will be used.