A Justiça Restaurativa e a Lei Maria da Penha : quando solucionar o conflito se torna mais benéfico do que punir.

Abstract

The present work discusses the theme “Restorative Justice and the Maria da Penha Law: when solving the problem is better than punishing”. The objective of this research is to analyze the historical origin of domestic violence in Brazil, together with the laws in force in the legal system and the search for social equality. It also intends to note on the effectiveness of the Maria da Penha Law with data on violence and homicides based on the Atlas of Violence and, mainly, information on the current confrontation of Covid-19. It aims to expose the differentiation between Retributive Justice (currently used) and Restorative Justice, developing a research in its historical origin, in which it aims at self-composition, based on UN Resolution 2002/12 (United Nations Organization) and Resolution 225 / 2016 from CNJ, listing the need and importance of victim and aggressor to participate in restorative procedures. Furthermore, considering that such a method aims at repairing damages, meeting the needs of the victims and holding the offender accountable, in order to pacify social relations, the following problem arises: is it possible to adopt Restorative Justice in cases of domestic violence in order to restore affected links and pacify existing conflicts? In order to develop the present research, the deductive approach method was adopted, since it will start from a general analysis to a specific vision, thus obtaining a conclusion. As for the method of procedure, this will be the bibliographic, investigating during the research the understandings adopted between legal operators and doctrinators.