Justiça restaurativa nas relações de gênero: uma alternativa na solução de conflitos envolvendo violência doméstica e familiar contra a mulher

Abstract

This work has as proposal the presentation of restorative justice as an alternative method to treat women’s needs that suffer domestic and family violence, focused on gender questions. Because, despite the legislative advances arising of the feminist movement’s struggle to eradicate this problem, it continues to demand changes in the criminal system, since the current functioning is being insufficient to attend the women’s that suffer domestic violence needs. It intends to demonstrate that the restorative justice, that is known for being inclusive and dialogical, is adequate to attend the expectations and needs of the victim. For this purpose, the goal of the research is to highlight the role of Convention of Belém – PA on the confrontation of violence against women in Brazil. Approach the main differences between the model of retributive and restorative justice, pointing its values, principles and procedures. It also searches to identify some critics and advantages of the use of restorative practices to this specific type of violence. To a better comprehension of the theme, it used the hypothetical-deductive approach method, and through studies of relevant legislations and the use of bibliographic researches, it proceeds to the analysis of the restorative justice functioning. Finally, it was also found the possibility of application of the restorative justice as an alternative method to help the solution of the cases of domestic violence, since its procedures when adequate applied are capable of attend the victim’s needs, in addition to contribute to the restoration of the relationships.