Justiça restaurativas: uma alternativa ao sistema prisional brasileiro

Abstract

We can think about the restorative justice as being a new reflection field to the Penal Right, in what it tells respect the new alternatives besides the prison systems. So that, enlarging such concept, it would be possible to guarantee the victim a middle of resolution to the conflict to which she out involved and his/her owed repairing. Still, to guarantee to the arrested, the possibility to return of form eficiaz the damage caused by his/her illicit one. In other words, a method with couple function. Among the basic beginnings of the restorative justice, it should be taken as priority the warranty that the victim's fundamental rights will be respected, what doesn't happen now, before the precarious structure of our system prisional, it is looked for to include the victim in the resolution of the conflict and in the repairing of the damage that it was caused him to guarantee the preservation of his/her fundamental right, which is, the human dignity. Now we have in Brazil, a punitive system that it doesn't execute his/her main role, the one of resocialization, because he/she is in bankruptcy and for that it is done necessary the exploration of the juridical field in search of new models in substitution to that system prisional, for the society to be guaranteed to the whole, an effective way the repairing of the badly suffered. The proposal of the restorative justice already produces positive results in several countries, for it is provoked here in Brazil, it is necessary to create a juridical culture that it accepts such system – to restore can be the best alternative.