A JUSTIÇA RESTAURATIVA COMO INSTRUMENTO DE EFETIVAÇÃO DOS DIREITOS DA PERSONALIDADE DA MULHER VÍTIMA DE VIOLÊNCIA DOMÉSTICA

RESTORATIVE JUSTICE AS AN INSTRUMENT TO ENFORCE THE PERSONALITY RIGHTS OF WOMEN VICTIM OF DOMESTIC VIOLENCE

Authors

  • Jaqueline de Oliveira Alexandre Lagoa e Silva UNICESUMAR
  • Andrea Carla de Moraes Pereira Lago Unicesumar

Abstract

The present work aims to find out whether restorative justice is another way of combating domestic violence against women, as well as an instrument that guarantees the personality rights of victims of this specific type of violence. To this end, this article analyzes the role of women in society from antiquity to the present day, the social phenomenon of violence against women, as well as traditional and alternative forms of coping with this violence, with a view to understanding which mechanism the most adequate and effective way is to resolve these conflicts. To analyze this problem, the research methodology adopted is the deductive approach method, with a historical and comparative procedure, based on national and foreign bibliographical research. Finally, at the end of the research, it is expected to demonstrate that among the mechanisms (traditional and alternative) for combating violence against women, Restorative Justice stands out compared to Criminal Legislation and Criminal Procedure, primarily by giving a voice to victims, but also for advocating genuine accountability for aggressors, as well as reparation by them for the physical, moral, and emotional damage suffered by victims of violence.

Author Biographies

Jaqueline de Oliveira Alexandre Lagoa e Silva, UNICESUMAR

Master's student in Personality Rights from the Postgraduate Program in Legal Sciences (PPGCJ) at Cesumar University (UNICESUMAR), focusing on instruments for implementing personality rights; Scholarship holder from CAPES, Lawyer, registered with OAB/PR 105.979, graduated from Centro Universitário Metropolitano de Maringá in Law with Emphasis on Public Policies, Postgraduate in Expertise, evaluation and arbitration, specialized in Medical Law, Tax Law applied to business and facilitator of Restorative Justice by the Court of Justice of Paraná. Militant and active in consultative law and in extrajudicial conflict resolution with efficiency and speed. Active member of the Municipal Council for the Promotion of Racial Equality of Maringá/PR and the Racial Equality Commission of OAB Maringá. Volunteer in the Perspectives program at UNIFCV - Maringá, which promotes Restorative Justice circles with juvenile offenders.

Andrea Carla de Moraes Pereira Lago, Unicesumar

Graduated in Law from the State University of Maringá (1992); Postgraduate "Lato Sensu" in Civil and Civil Procedural Law from the Brazilian Institute of Socio-Economic Studies and Research (1998); Master's degree in Legal Sciences from the Centro Universitário de Maringá (2011); PhD in Legal Sciences from the University of Minho, Portugal (2019); She is a Permanent Professor of the Master's and Doctorate program in Legal Sciences at Unicesumar University (2021); Professor of the undergraduate Law course at UNICESUMAR university (2008); Researcher at JusGov - Research Center for Justice and Governance - University of Minho-PT (2019); Leader of the Research Group "Extrajudicial Means of Dispute Resolution (MERCs) and the Constitutional System for Guaranteeing Personality Rights; Conciliator and Judicial Mediator (CNJ); Coordinator of the Judicial Center for Conflict Resolution and Citizenship - CEJUSC Unicesumar Extension; Conciliator and Mediator at the Judicial Center for Conflict Resolution and Citizenship - CEJUSC Unicesumar Extension; Coordinator of the Legal Clinics of the Law course at Cesumar University; Managing partner of the Chamber of Conciliation, Mediation and Arbitration Mota Lago LTDA; Acting lawyer since 1993, with experience in the areas of Family Law, Business Law, Urban-Real Estate Law and Digital Law, especially ODR (On Line Dispute Resolution)

Published

2025-03-24

How to Cite

de Oliveira Alexandre Lagoa e Silva, J., & de Moraes Pereira Lago, A. C. (2025). A JUSTIÇA RESTAURATIVA COMO INSTRUMENTO DE EFETIVAÇÃO DOS DIREITOS DA PERSONALIDADE DA MULHER VÍTIMA DE VIOLÊNCIA DOMÉSTICA: RESTORATIVE JUSTICE AS AN INSTRUMENT TO ENFORCE THE PERSONALITY RIGHTS OF WOMEN VICTIM OF DOMESTIC VIOLENCE. THEMIS: Revista Da Esmec, 22(2), 17–38. Retrieved from https://revistathemis.tjce.jus.br/THEMIS/article/view/1021

Issue

Section

ARTIGOS CIENTÍFICOS