Um “tribunal orientado para a vítima”: o minimalismo de Nils Christie e as suas contribuições à justiça restaurativa
Starting from ideas defended by Nils Christie as the notion that all punishment is an intentional imposition of pain, the fact that the State has stolen the conflict from the victim and the need for community integration for the creation and strengthening of social values essential for the consolida...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6934335 |
| Source: | Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 5, Nº. 1, 2019, pags. 253-298 |
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| Summary: |
Starting from ideas defended by Nils Christie as the notion that all punishment is an intentional imposition of pain, the fact that the State has stolen the conflict from the victim and the need for community integration for the creation and strengthening of social values essential for the consolidation of a sense of justice, the present study aims to analyze in detail the contributions of the aforementioned author to restorative justice. Through exploratory and descriptive research based on national and international bibliographic and documentary revision, we propose to analyze the problem of the possibility of elaboration and application of alternative methods of solving criminal conflicts. It will be verified how the victim can regain their role in the conflict resolution process, through what Christie has called a “victim-oriented court”: a humanitarian system for solving criminal conflicts that enables the victim to effectively carry out justice. We show how the ideas developed by the Norwegian criminologist influenced the current paradigm of restorative justice. At the end, through a critical approach, we will analyze the compatibility of the Portuguese restorative practice called “adult” criminal mediation with the foundations of the restorative paradigm and Christie’s ideals. |
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