A justiça restaurativa como perspectiva para a superação da crise do sistema carcerário

Abstract

The control of deviant behavior exercised by the state, despite the goals advocated, ie the recovery of convicts, their reintegration into society and the maintenance of social peace, actually presents itself as a form of institutionalized violence, which submits to the prison population extreme situations of suffering and pain, in absolute disregard for human rights. Not to mention that does not treat equally to all members of society, but selects individuals to be criminalized, while ignoring many of the crimes committed by groups with high social status. It has consequently stigmatization and social exclusion of deviant besides not effectively resolve conflicts. This work was developed in order to show the Restorative Justice as a model for conflict resolution can improve the Penal System by presenting a new approach, where the focus is no longer the plaintiff criminal offense and starts to worry also with the victim, giving the offender the responsibility to do something to repair the damage. The studies conducted are given here by qualitative research with data collection techniques like indirect documentation - bibliographic and documentary research - seeking a better understanding of the topic. The Restorative model, and make more effective realization of justice, allows prevention of new conflicts, since beyond pure imposition of a sentence, allows awareness, restoration and reintegration of the offender into society.