Restorative justice and gender violence: strategies to prevent the revictimization of women

Authors

  • Luciano Lavor Terto Junior Pontificia Universidade Católica de São Paulo
  • Ila Barbosa Bittencourt Pontifícia Universidade Católica de São Paulo

DOI:

https://doi.org/10.58725/rivjr.v3i3.154

Keywords:

Dignity of the human person, Gender-based violence, Pro persona principle, Restorative justice, Revictimization

Abstract

This article analyzes the relationship between restorative justice and gender-based violence, focusing on strategies to prevent the revictimization of women. It starts from the premise that all human relationships are permeated by asymmetries, with gender inequality being one of the most evident. In the criminal sphere, such asymmetries translate into hierarchies that make women more vulnerable to violence, especially domestic and sexual violence. Restorative justice, conceived as an alternative to the traditional punitive model, seeks the reparation of harm and the restoration of social relations through participatory practices such as victim-offender mediation, family conferences, and restorative circles. Although it presents advantages, such as granting victims a central role and promoting the active accountability of offenders, its application in cases of gender-based violence requires caution. Improper exposure of the victim may cause additional harm, configuring revictimization. The study shows that the adoption of restorative justice must be guided by the principle of human dignity and the pro persona principle, ensuring the full protection of victims and the respect of their autonomy. It concludes that restorative justice can be a relevant instrument in addressing gender-based violence, provided it is applied critically, responsibly, and with a gender-sensitive perspective.

Author Biography

Ila Barbosa Bittencourt, Pontifícia Universidade Católica de São Paulo

Doutora e Mestre em Direito Penal pela Pontifícia Universidade Católica de São Paulo. Professora do Departamento de Teoria Geral do Direito da Faculdade de Direito da Pontifícia Universidade Católica de São Paulo.

Published

2025-12-24

Issue

Section

Artigos