A justiça restaurativa como uma possível alternativa ao poder judiciário para dispensar um tratamento mais humanitário aos usuários e dependentes de drogas

Abstract

This academic work is a reflexive approach about Restorative Justice as a possible alternative of criminal justice to be dispensed in treatment of user and dependent drugs. The methodology used was the bibliographical and documentary research. We verified that during for years in Brazil the drug users were under a repressive judge, whose rationality was retribution evil for evil, and downplayed the vulnerability of the individual factors. Arising the Law 11.343/2006, establishing a new criminal drug policy, the legislator has innovated punished more strictly trafficking and more humanely the user drugs, and even prohibited to this the application of restrictive sentence. Although brazilian legal system does not exist yet express provision on the application of Restorative Justice for conflict resolution, there are already several practices throughout on Brazil, proving the possibility and viability of this paradigm in criminal conflict resolution. In this line the Conselho Nacional de Justiça (CNJ) intends - in the years 2015-2016 - instrumentalize Restorative Justice for use in the estates courts. We concluded to be possible the application of Restorative Justice in the scope brazilian special criminal foruns, as a more humane alternative in the treatment of conflicts involving drug users, enabling the optimization of results intended by the Brazilian National Drugs Policy for prevention, harm reduction and favoring social peace.