Justiça restaurativa e a Lei Maria da Penha: Uma mudança de paradigma a partir do emprego das práticas restaurativas nos casos de violência doméstica e familiar contra a mulher

Abstract

The present work seeks to present and justify the possibility of compatibility of the use of the practices originating from restorative justice for the solution of conflicts originating from the juridical-criminal sphere, with main attention to the cases of domestic and family violence against women, whose main measures are signed in a specific legal instrument pursuant to Law No. 11,340 of 2006, popularly known as Law Maria da Penha. Based on bibliographic research, the presentation of the two main themes is promoted - the concept of restorative justice, the analysis of its guiding principles and practices together with the introduction of the fundamental factors for the creation of the Maria da Penha Law, its main measures and criticism - in order to relate them. Thus, it is argued that restorative practices, in addition to meeting the needs and desires of the parties to the conflict, restoring interpersonal bonds and introducing a consensual way of resolving conflicts in the legal-criminal sphere, are also capable of overcoming the harm done by the contemporary model of punitive-retributive justice when inaugurating a new paradigm of justice. To this end, observations are made about the implementation of restorative practices in the legal-penal system and pointed out the central criticisms regarding restorative justice, as a way to demystify unfounded claims and outline the obstacles to be faced in the present and in the future.