A justiça restaurativa em situações de violências contra as mulheres analisada pelo viés da criminologia crítica: reflexões necessárias

Abstract

Violence is a complex phenomenon that must be thought of in the intersectionality of the various factors that permeate it, with overestimated violence with its included variables, as well as withheld violence with excluded variables, and it is in this scenario that the various forms of violence against women must be addressed. questioned. Restorative Justice is one way of intervention for this violence suffered by women, but there is no uniformity of practices, nor a regulation on limitations in this area. With this understanding, the purpose of this research is to investigate whether the bias of critical criminology can be a possibility of analysis that seeks to filter in the multiple so-called restorative practices in situations of violence against women, those that actually empower these subjects of rights. Therefore, it starts from the analysis of the way in which the criminal treatment of violence against women occurs to understand the scenario of search for prevention of this social problem. Furthermore, it promotes an analysis of the possibility of thinking critical criminology as a way to understand Restorative Justice, in which there is still a centrality of modern criminal rationality, despite this being strained by Restorative Justice and its principles. Finally, it investigates whether the initial experiences of Restorative Justice for situations of violence against women have the power to empower them when we observe it through the bias of critical criminology. The results indicate that the Restorative Justice proposal effectively evaluated from the perspective of critical criminology does not exclude the need to consider the selection of situations that will be susceptible to the implementation of Restorative Justice, always with the objective of avoiding risks to women and proposals that do not emancipate and, on the contrary, revictimize it in the criminal law system. In addition, the examples observed do not indicate that the implementation of Restorative Justice for situations of violence against women is completely safe, the risks exist and are derived from the very structure of the Brazilian criminal system, as it is segregated and patriarchal. However, the risks are reduced when the practices have filters that envisage the safety, autonomy and empowerment of women together with the accountability of the author of the fact, and the informed voluntariness of all participants, seeking a change in the way of facing the violence against women as a social problem and carried out by qualified people.