A justiça restaurativa como ferramenta na solução de conflitos familiares

Abstract

The present article addresses the model of justice that is applied nowadays in Brazil, retributive. In it, the offender serves a sentence, whose objective is to teach him not to act offensively. However, the retributive system brings a shock that transforms him into an even more violent individual, due to the experiences lived in this system. On the other hand, restorative justice proposes the self-composition of those involved in the infraction, in order to find together the solution that actually brings satisfaction to the parties. Restorative justice is a facilitator when used in family conflicts. The objective of this research is to emphasize the importance of using restorative means to dissolve these conflicts, because the self composition contained therein is capable of bringing the positive results needed for this type of conflict. The method used is deductive, because in its development logical structures based on deductions were built. Statistical data is then presented, in order to bring a little of the reality of the theme to the research. Furthermore, restorative justice has been used in the family context as a means of rebuilding relationships, even if they are restricted to the minimum necessary for the continuity of the common interests, interconnected by the family relationship, even if pretended. The restorative means have been used in family conflicts with or without violence, and its use does not imply the conclusion that the sanctions established in the rules of law will not be adopted, but rather to enable the victim, the offender, the family and the community to find a way to restore that which was affected by the offense.