A retomada do protagonismo da vítima no processo penal por meio da justiça restaurativa

Abstract

This article aims to highlight the relevance of the victim's role in the criminal dichotomy between transgressor and offended, a constant that emerges whenever an illicit materializes. This claim takes shape through a bibliographical review, covering a multiplicity of sources, in particular, the vast dogmatic-legal literature on doctrine, legislation and issues pertinent to the matter. In addition, analyzes were carried out on the Resolutions of the National Council of Justice that define and guide Restorative Justice within the scope of the Judiciary and encourage the application of the measure at any stage of the criminal process, as well as a field survey to assess the level of satisfaction of the victim with the result of the traditional criminal process, which will be carried out with the criminal proceedings of the 15th Criminal Court of Barra Funda, São Paulo/SP, during a period of two months. After the bibliographical survey of the most relevant points on the topic covered, the collection of the information mentioned above, a critical analysis will be carried out on the authors listed, giving them due relevance and weighting.

Keywords: Victim of Crime. Criminal proceedings. Restorative Justice. Damage Reimbursement.