Justiça Restaurativa: a (im)possibilidade de aplicação nos crimes que envolvam violência doméstica e familiar contra a mulher

Abstract

This paper aims to verify whether there is a possibility of applying restorative justice in crimes involving domestic and family violence against women. The methodology used in the research was the bibliographic description. The deductive method is used, based on a general premise to achieve a specific result. Therefore, in the first chapter, a historical contextualization of restorative justice is made, knowing all the aspects inherent to the theme. In the second chapter, some normative diplomas will be analyzed in order to find out whether there is compatibility in the application of restorative justice, such as Law n°9,099 / 1995 (Law of Special Courts) and Law n°11,340 / 2006 (Law Maria da Penha). Regulatory norms for restorative justice will be presented here in Brazil, with a focus on Resolutions 225/16 and 300/19 of the National Council of Justice. In the third chapter, the main nuances about the Maria da Penha Law will be presented, favorable positions and against application. Finally, the most usual restorative practice in Brazil will be demonstrated and if the analysis made on the possibility of applying restorative justice will be possible or not, correlating with the possibility of applying the innocent mitigation for the benefit of the offender.