As ilusoes do paradigma punitivo e as novas perspectivas de soluçao de conflitos: a justicia restaurativa como caminho possivel a crise do sistema penal brasileiro
ISSN: 1414-3097
Year of publication: 2010
Volume: 14
Issue: 19
Pages: 241-252
Type: Article
More publications in: Revista de Estudios Jurídicos UNESP
Abstract
The present article intends to compare the different relation between the ordinary criminal system and the model proposed by Restorative Justice, that comes gaining space as a more human form of conflicts´ solution. It is necessary to analyze equal or similar situations, treated by the traditional system and for Restorative Justice. It is considered, then, a case study: fight between neighbors. Of a side, the solution of the traditional criminal system; of another one, the solution brought for Restorative Justice. Thus, the article intends to demonstrate that Restorative Justice can be a possible way to change the punitive paradigm so that we can think about the conflict beyond punishment.