A justiça restaurativa nos crimes patrimoniais cometidos sem violência ou grave ameaça: a redescoberta da vítima como sujeito de direitos no processo penal

Abstract

The traditional model of criminal justice presents serious flaws that need to be discussed in order to have a procedural readjustment corresponding to the current reality, far removed from that of the codes of the 1940s. About this, we discuss the role played by the victim in the process criminal, which suffers from constant revivals and, historically, has turned from central figure into a forgotten character. Thus, in relation to this figure directly affected by the crime and its consequences, the ideal of rediscovery must be put into practice, so that it is respected as a subject of rights in criminal proceedings. In this scenario, restorative justice emerges as an alternative to the traditional system, bringing a new reality capable of transforming the way of thinking of conflict treatment and punishment. The discussion stems from the formal and procedural rigor identified in the criminal process, in such a way that the parties are seen as mere evidence and their yearnings completely forgotten and underestimated. In addition, the same treatment is given in relation to the most different crimes, which may even lead to a disproportionate punishment in relation to the crime actually committed, especially when taking into account the legal protection. Therefore, the possibility of implementing restorative justice in the context of crimes committed without violence or serious threat is discussed, bringing to the fore a comparative relationship between the traditional model and the restorative model, always seeking to find an adequate treatment of the conflict and to the parties, which, consequently, will lead to the imposition of a proportional and effective sanction to the one proposed by the penal system