O Ministério Público, a Justiça Restaurativa e o desafio da ressocialização

Abstract

This doctoral thesis deals with the inefficiency of the criminal repression system and the Brazilian penitentiary system and proposes a critical analysis of the role of the Public Prosecutor's Office in this context. Rules created at the beginning of the last century still dictate the actions of this important state institution. The results presented to Brazilian society, especially in the criminal and penitentiary spheres, have been utterly disappointing and something new needs to be done. The revision of rigid legislative structures associated with new models for applying the law needs to be anchored much more in principles than in legal norms, in order to provide the necessary adaptation to contemporary times. Based on this premise, the thesis aims to demonstrate the effectiveness of the institutional project "The Public Prosecutor's Office and Restorative Justice in Prisons", which has been developed since 2015 at the Ponta Grossa State Penitentiary, and to answer the following question: is restorative justice an instrument capable of reducing criminal recidivism? The general objective of this thesis is to demonstrate the possibility and feasibility of creating the 1st Restorative Justice Prosecutor's Office in the country. The specific objectives include presenting the project "The Public Prosecutor's Office and Restorative Justice in Prisons" as an example of the successful application of Restorative Justice, demonstrating the benefits of this approach in the criminal justice system, promoting Restorative Justice as an innovative perspective for the Brazilian justice system and presenting the proposal to create this specialized Prosecutor's Office. This research combines doctrinal knowledge, analysis of empirical data and legislative proposals to offer a significant contribution to the debate on the reform of the penal and penitentiary system in Brazil, with a special focus on the role of the Public Prosecutor's Office and the implementation of Restorative Justice as a viable and innovative alternative. To construct this thesis, an interdisciplinary methodological approach was used, combining different research methods, including bibliography, documentary research, data analysis and case studies. The text was written using the monographic and deductive method. The research points to technical and objective reasons, supported by Brazilian legislation, that justify the creation of the Restorative Justice Prosecutor's Office, a symbol of new horizons for the Public Prosecutor's Office and Brazilian justice.