O papel da justiça restaurativa no combate à violência doméstica contra a mulher

Abstract

The present study is applied in the scope of criminal law and is based on social study of domestic violence against women in Brazil from the perspective of the current legislation regulating the use of restorative justice as an instrument of conflict resolution through the Council Resolution 225 of 2016 from the National Council of Justice. Regarding the scope of the focus, it will be sought to defend how feasible and profitable is the application of this method in the pursuit of the reduction of the alarming statistics on this violence. We also seek to understand the reasons that lead to this violation of human rights and the changes in the legal system from this social conflict. The hypothetical-deductive method was used as research methodology and the literature review as a technical procedure. The laws created with the goal to punish more fairly domestic violence against women were major advances in history. However, only the penalty has not given the effectiveness needed to combat this crime, making explicit the need of complementarity of these norms in compliance with the sociological character of the crime in question. Which implies the use of restorative guidelines in the search for breaking paradigms and interrupting the cycle of violence.