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oai:doaj.org/article:6c6d16bcb22146978d6d7a2dd10f0d7f

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THE LACK OF EFFECTIVENESS OF LAW MARIA DA PENHA: A PENA JUSTA is the same as that which reinstates the discarded LACE by the CRIME

Abstract

Trata-se from a study of the applicability of restorative justice in the case of the offence of minor bodily injury committed against a woman in the domestic or family context, with the victim and not the law as the focal point, analysing the will of the victim, as a prerequisite, first, for the maintenance or otherwise of the emotional ties which attach him to his perpetrator. Of particular note is the judgment of the Directa de Inconstitutionality n. 4.424, which provides a new reading of Article 16 of the Law Maria da Penha, which authorises the public prosecutor to initiate public proceedings without the need to represent the victim, excluding the victim from the proceedings and, consequently, disregarding the victim’s ability to make choices in life. That view attributed by the Corte Suprema di Cassazione runs counter to the new philosophy of Criminology, based on principles of conciliation and mediation, with the aim of humanising the sentence and enabling the victim to participate in the construction of the solution to the conflict, as well as seeking a sense of responsibility, respect and restraint on the part of the aggressor. Keywords: Restorative justice. Victimisation. Law Maria da Penha. Judiciary.

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