Justiça restaurativa : sua aplicabilidade nos delitos econômicos
AUTOR(ES)
Ana Cristina da Silva Souza
DATA DE PUBLICAÇÃO
2009
RESUMO
This paper presents a study about a new mechanism of social pacification, aiming at describing the principles on which the imposition of penalties is based and, above all, to emphasize the need to adjust new paradigms to today‟s social and economic changes. The current retributive model has not proven itself satisfactory, as shown in innumerous studies of criminology, delinquency, and of the victim, which investigate solutions to macro and micro criminality. Social and economic improvement, especially the kind brought about by globalization, reinforce the need to implement new mechanisms of so called social pacification. Restorative Justice presents itself as a new mechanism for the reduction of crime, in both internal and external scopes. The process of globalization, and the national and international relations between developed and developing peoples, makes so that sometimes the perpetrator is not necessarily present at the crime scene. Volatile capital and the means the of communication that bring together commercial and political relations increase so called white-collar crimes, and crimes derived from the activities of criminal organizations. Organized crime and organized criminality do not act in developed countries. On the contrary, countries with fragile fiscal, political, and economic barriers are perfect targets for activities such as money laundering and others. The restorative model‟s premise is the rehabilitation of the perpetrator within society, with the participation of the victim and the compensation of damages. The restorative model is a reality in countries where criminality is growing and current models do not fulfill their stated aims, and it is applied not only to petty crimes but also to crimes of greater social relevance.
ASSUNTO(S)
modelo retributivo globalização globalization justiça restaurativa crime organizado direito penal social peace restorative justice lavagem de dinheiro money laundering organized crime economic crimes crimes econômicos pacificação social retributive model
