A justiça restaurativa aplicada à violência contra a mulher como alternativa de garantia dos direitos humanos

Abstract

This Technical Report aims to present data on domestic violence against women in the District of Guaraí-TO and perform a critical analysis of the phenomenon of retraction of representation in police investigations, based on the processes stored in the Court's digital process system. of Justice (E-PROC/TJ). The retraction rates of representation in the Comarca de Guaraí, by way of sampling, point to a phenomenon that deserves attention: in 2017, there was a percentage of 54.43% of retraction by women who suffered domestic violence; in 2018, 42.16% and, in 2019, 22.22%. The analysis of the victims' terms of retraction, which maintained the person's secrecy, was carried out from the reports still in the police phase, after the criminal representation, and in court, at the time of the hearing designated under the terms of article 16 of Law no. 11,340/2006. Retraction is a woman's right and is provided for in the Maria da Penha Law, however, we have seen that victims of domestic violence have difficulty in presenting a motivation for retraction and, in general, they present the following reasons: there are no more acts of violence of the partner towards her, informs that there was no more disagreement or that the alleged aggressor stopped bothering her etc., leaving gaps as to the real reason for the retraction, which may reveal ties of financial, emotional dependence, the couple's children, the relationship family, and many other factors that make it difficult to break the relationship. This Technical Report defends the mandatory intervention of the Judiciary in cases of retraction, under penalty of the process being validated again, as well as presenting a defense of Restorative Justice as a possible and expected alternative path to an outcome of the problem with the monitoring and treatment of the family in situations of violence by a multidisciplinary team. It is a proposal that seeks social pacification through the creation of restoration circles, with a focus on guaranteeing the human rights of women, who cannot return to the environment of aggression without a state response to the violence denounced. Both the woman and the aggressor need monitoring and treatment mediated by the Justice System. Restorative Justice presents itself as an alternative to Retributive Justice and is provided for by the National Council of Justice, from Resolution no. 225/2016, being able to mediate cases of domestic violence with less offensive potential to prevent the woman from returning to the environment of aggression without any response, after retraction, as well as minimizing the impacts related to the litigation by restoring relationships, or even avoiding the over-incarceration. In short, it has as its horizon the guarantee of the Human Rights of both the victim and the aggressor. As research products for the Professional Master's, we present: 1) A draft ordinance, suggesting to the Distinguished Court of Justice the implementation of Restorative Justice in the Criminal Court of Guaraí, to be applied to cases of domestic violence; 2) The Extension Project “Wake up woman! Campaign for access to information for women in situations of violence in the State of Tocantins”, aired on Rádio 96 FM (UNITINS), taking informative/educational/preventive content to combat domestic violence to the corners of the State of Tocantins; 3) Scientific article entitled “Women's Human Rights and Access to Information: an extension experience with a Radio Program during the COVID-19 pandemic”, published in the Journal Humanidades e Inovação; 4) Participation and publication in the proceedings of the VI International Seminar on Fundamental Human Rights: “Restorative Justice and violence against women: possibilities in times of a pandemic”. The Technical Report presents a research problem and some products, as well as a proposed solution to combat or minimize it - an alternative conflict resolution technique that can alleviate the damage caused to victims of domestic violence.