Restorative justice as a possibility to combat domestic violence

Authors

DOI:

https://doi.org/10.24302/acaddir.v6.5071

Keywords:

Alternative method, conflict resolution, domestic violence, restorative justice

Abstract

This article analyzes Restorative Justice as an alternative model of conflict resolution as against the paradigm currently adopted by the Brazilian legal system. This approach is based on observing its most significant advantages for society, considering principles such as justice, security, resocialization and citizenship, as well as for the parties involved in the experience of crime. The scope of this research is to investigate the feasibility of applying restorative justice in situations involving crimes of domestic violence, governed by law 11.340/2006 (Maria da Penha law), in light of the benefits it can provide to both the victim and the aggrester as for the community, everyone is frequently confronted with significant challenges in the context of the criminal procedure when seeking to overcome traumatic events. The underlying hypothesis maintains that the application of restorative justice is not only viable, but also defensible, due to its more humanized approach, directed to the comprehensive repair of material and psychological damage, contemplating a variety of aspects. Remarkably, when it comes to cases of domestic violence, the emotions involved and the psychological damage endured reach even deeper levels, necessitating heightened care. In conclusion, there is potential for the use of Restorative Justice as a means to promote, in a dignified manner, social reconciliation among the involved parties, particularly in the context of female victims. The fulfillment of the objective of this study is achieved through the application of the deductive method, together with indirect bibliographic research.

Author Biographies

  • Barbara Witt, Universidade do Contestado (UNC)

    Acadêmica de Direito. Universidade do Contestado (UNC). Santa Catarina. Brasil.

  • Felipe Augusto Rodrigues Ambrosio, Universidade do Contestado (UNC)

    Mestre em Ciência Jurídica pelo Programa de Pós-Graduação do Centro de Ciências Sociais Aplicadas da Universidade Estadual do Norte do Paraná (UENP). Professor da Universidade do Contestado – Campus Mafra. Santa Catarina. Brasil. Membro pesquisador do grupo de pesquisa Direito Contemporâneo e Cidadania. Advogado.

Published

2024-12-13

Issue

Section

Artigos

How to Cite

WITT, Barbara; AMBROSIO, Felipe Augusto Rodrigues. Restorative justice as a possibility to combat domestic violence. Academia de Direito, [S. l.], v. 6, p. 3758–3776, 2024. DOI: 10.24302/acaddir.v6.5071. Disponível em: https://www.periodicos.unc.br/index.php/acaddir/article/view/5071. Acesso em: 9 may. 2025.