Human Rights and the (ir)relevance of Restorative Justice for victims of domestic violence, as a driving force for human dignity.

Abstract

Aiming to launch reflections on the authentic meaning of restoring the psychological and emotional state of both the victim and the aggressor, including the family nucleus, which faces the ills of the malevolent effects, it aims to analyze the current situation implemented in the Brazilian legal system, given the encouragement of the CNJ – National Council of Justice to use Resolution 225, of 05/31/2016, which deals with the possibility of applying restorative justice to cases of domestic violence. Using bibliographical references, using the deductive method, the premise is that the term minorities and vulnerable groups are analyzed, with the purpose of understanding which of them is adequately classified as gender: women, using the inductive method, it observes the evolution of the rights of this category of people, with the aim of identifying the place occupied, today, justified by the fact that human dignity, the bulwark of fundamental rights, began to exercise a position based on the unwavering, unrestricted and unconditional exercise of the right to exist in society, without fear, constraints or physical or psychological pressures. It concludes that restorative justice cannot be used inadvertently, given the essential need to assess the intensity of the violation of the victim's dignity, so that the solution to be presented by the State does not become a sham.