Justiça restaurativa no âmbito da violência de gênero contra à mulher: o resgate do protagonismo da vítima na solução do conflito

Abstract

The general objective of this monograph is to analyze the impact of Restorative Justice on the process of resuming the role of victims of gender-based violence in resolving the conflict experienced, especially in the domestic and family spheres. A qualitative investigation work is proposed, seeking to understand the complexity, as well as the details of the information obtained regarding the application of restorative justice in cases of gender-based violence against women, especially in the domestic and family context. The nature of the research, in terms of level, will be exploratory and will make use of bibliographical and documentary research, which aims to analyze the Code of Criminal Procedure, the Maria da Penha Law and other state and federal legislation on the subject, in addition to collecting data on the subject for understanding that facilitates the understanding of the research. The research technique that will be used to help achieve the desired objectives will be the documentary survey, where data from articles, books, jurisprudence and everything necessary for the path that must be taken to carry out the research. Thus, initially the historical evolution of the retributive criminal system and the role of the victim in cases of domestic violence were addressed, more specifically the criminal system as a surcharge mechanism, also addressing the Brazilian legislative evolution in the treatment of women, through the analysis of the Law Maria da Penha (Law 11,340/06). Afterwards, we began to analyze Restorative Justice, the values and principles, such as the mechanisms used and their implementation in Brazil, and finally, we effectively began to study restorative practices to restore women's protagonism, as a way of to value the participation of the victim.