APLICAÇÃO DA JUSTIÇA RESTAURATIVA EM CASOS DE VIOLÊNCIA PSICOLÓGICA CONTRA A MULHER NO ÂMBITO DOMÉSTICO E FAMILIAR

Abstract

The analysis of the applicability of Restorative Justice in cases of psychological violence against women in the domestic and family context is extremely relevant on the national scene, given the legislative novelty resulting from Law 14.188/2021 and the notorious argumentative clash on the subject. Thus, the present study examines the subject from a deductive approach, monographic procedure and bibliographical and documental research techniques. Thus, after document analysis, the main methods used in Restorative Justice were highlighted, as well as their application in cases of domestic and family violence against women. In addition, through studies of doctrines and scientific articles on the subject, it was possible to analyze the crime of psychological violence (article 147-B of the Penal Code), as well as to elucidate about domestic violence in the national scenario and its legal consequences. Finally, the possibility of applying Restorative Justice to issues related to psychological violence against women in the domestic and family context was analyzed, with emphasis on arguments in favor and against its use. That said, the present research is justified in view of the topical relevance, such as the social relevance of the subject. Therefore, considering the objectives safeguarded by Restorative Justice, it is concluded that its use, in the cases addressed, can be effective, however, beforehand, it must be emphasized that, in the current scenario, professionals need to be properly prepared so that the result is satisfactory.