Os limites da mediação policial como justiça restaurativa / The limits of police mediation as restorative justice

Abstract

The present article aims to construct reflections about the limits of police mediation as an alternative instrument of response to crime guided by restorative justice. To this purpose, we analyze what restorative justice is not and what criminal mediation is. In addition, a doctrinal clash is made, exposing important issues for the conduct of the proposed theme, as well as the relationship between the Mediation Law (Law 13.140/2015) and Resolution 225 of the National Council of Justice. Two models of criminal mediation chosen as primary objects for the construction of this debate are highlighted: circular-narrative mediation and transformative mediation. In the second moment, we analyze questions about the applicability of police mediation, the autonomy of will of the parties, as well as the influence that the representativeness of the police facilitator can exert during restorative meetings. Finally, we conclude that the mediation that is closest to the premises established by restorative justice is
the circular and transformative mediation, not to be confused, therefore, with the linear (traditional) mediation. However, in general, the model adopted in the police sphere is the one focused on the agreement. The study is developed through a qualitative exploratory analysis of bibliographic and documentary research on the theme and of distinct doctrinal positions.