Design de sistema para resolução de conflitos em feitos criminais de ação privada por meio de mediação

Abstract

Private prosecutions are often the visible part of a larger, underlying conflict. Such a conflict can originate from close relationships, such as kinship, friendship or neighborhood. The resolution of the criminal process, with the eventual conviction of the party considered as the author of the crime, however, does not resolve the underlying conflict, which can be exacerbated by the existence of a criminal conviction. The present work seeks the development of a design for resolving the underlying conflict, avoiding the multiplication of criminal processes and generating social appeasement. In pursuit of this objective, alternative methods of conflict resolution, decriminalizing measures and the use of the Centro Judiciário de Solução de Conflitos e Cidadania-CEJUSC to carry out mediation in the criminal area were analyzed. From these elements, a design was developed that could be applied in criminal courts, using the CEJUSC, to carry out mediation in criminal cases of private action. The design at the end presented shows itself capable of experimentation and quantification of results, aiming at the replication of the design, in the case of ascertaining an efficacy gain in the resolution of private criminal actions through mediation.