Justicia restaurativa

Abstract

The model ot Restoring lustice is conceived as a change in paradigm, a necessary support in order to achieve a new conception to administrating justice within the framework of a Social Sate of Law, reigned by its founding principle: “the Human Dignity” which abandons the repressive and retributive model thus reshaping the State’s role in exercising the ius punendi and considering the constitutional limits imposed on it, yet fundamentally considering the jurisdictional process as an instrument of peace.
We therefore assume the supposal expounded by the model of Restoring Justice, which is the humanizing of the penal process, convoking unto the actors of the criminal conflict: the State, society, victimizer and victim, so that they would find a justly agreed upon solution to the criminal phenomenon, where it should be fundamental to reformulate the finality of the sentence, thus granting a protagonist role to the victim within the new accusatory penal process, endowing him with true process-part faculties, but over all respecting his human dignity.