Tratamento da vítima na justiça penal e infantojuvenil : iniciativas de proteção e atendimento de necessidades

Abstract

The present research intends to analyze the treatment received by victims of crime on the criminal and juvenile justice system. In this sense, we examine the criminal justice institutes related to victim‟s redress; victim support schemes; and legislative changes intended to recognize victim‟s rights. The traditional criminal justice system is marked by the role of the State. It focuses on promoting public interest through the application of punishment to the offender. The victim is neutralized and suffers with lack of information about the process, lack of assistance to recover from the psychological trauma suffered and it usually doesn‟t receive proper material compensation. The foreign experience reveals initiatives that achieved positive results in the intent to mitigate these problems. This is the case of victim assistance services and legislative changes which established new policies in favor of victims such as the right to give an “impact statement” before the courts. Similar initiatives can be identified in Brazil. In this sense, it is worth highlighting the project of the new Criminal Procedure Code (PL 8045/2010), which has a chapter dedicated to regulate the brazilian model of restorative justice and to list victim‟s rights. Restorative justice has had positive results in foreign experiences. It receives special attention in this research for its potential to offer proper treatment to victims of crimes. It offers opportunity for communication between those involved in the conflict. Thus, there is an opening for the victim to explain the suffering caused by the offense and the offender has opportunity to explain what triggeed his action, to apologize and to take responsibility. Through the dialogue between the participants, the sense of justice of the specific case will emerge. Based on incentive provided by the “Conselho Nacional de Justiça”, there are some restorative justice projects being developed within the country, although they suffer with low rates of victim‟s participation. However, it should be noted that Brazilian restorative justice programs are in an embryonic phase and that they lack legal ground. Thus, the problems identified in Brazilian restorative initiatives must be seen as challenges to overcome. In truth, restorative justice representes an essential democratic tool for the transformation of the tradicional justice system and its adoption is irreversible