Paradigm of the penal restorative system against the penal retributive system and its complications

Abstract

The present article aims, in general terms, to analyze the retributive penal system and its complications, in a way that explains the failures arising from this system, such as the lack of reparation for the damage caused to the victim of the crime and the lack of mechanisms to promote the resocialization of the one who committed the typical fact. In contrast to this system, an alternative system called the restorative system is presented. This system, in its concept, has several differences from the purpose of the retributive system. Among them is the greater participation of the victim in the course of the process, with the intention of establishing mechanisms that make it possible to repair the damage. The aforementioned system aims to adhere to the responsibility of the State, the promotion of mechanisms that enable the perpetrator of the crime and the victim the means to solve the problem arising from the criminal conduct, as well as negotiation, mediation and conciliation. Therefore, the need to start seeing the crime from another perspective is then analyzed, making a change of the lens from a retributive criminal justice to a restorative one, so that the problems of the current system can be solved. Therefore, the restorative system is considered to be a more efficient system, considering that it is not limited exclusively to the power of the State to punish, but rather seeks to restore the injured property and the suitability of the agent who committed the crime.