THE MEDIATION APPLIED IN CONFLICTS OF DOMESTIC VIOLENCE AS AN INCLUSIVE PARADIGM OF A CULTURE OF FAMILY NON-VIOLENCE IN BRAZIL

Abstract

Domestic violence against women is an issue that is reflected in the historical context of Brazilian law, and which is also the result of the machismo that has always been shown in social relations. Domestic violence also affects children who are instruments of a central mechanism of family conflicts and are affected by the harmful effects of that same aggression. Domestic violence is the object of this research, which aims to answer the following question: can the practice of penal mediation favor cultural change in society, in the sense of ensuring respect for the constitutional principle of equality between men and women? In order to search for answers to the proposed problem, the work developed as a general objective to understand the basic aspects of mediation in restorative justice as common elements for the inclusion of a legal cultural change of peace and for the specific objectives, to identify the doctrinal and jurisprudential understanding about of penal mediation as a tool for conflict resolution and to situate the condition of women as victims of domestic violence in Brazil. Based on the exploratory, qualitative method with the use of bibliographic sources and references related to the central theme of the work, focusing on the text of journals and scientific articles available on public access platforms. It is possible to verify that the practice of mediation is a viable and humanized solution in the solution of conflicts arising from domestic violence against women.