Public security consists of a fundamental right that must be guaranteed to the citizen, being
constitutionally foreseen, being a right and responsibility of all, in which one of its main bodies
to ensure its achievement is the Civil Judicial Police, having its attribution area limited to the
States of the Federation. It happens that commonly and in a traditional way, the police acts in a
repressive and combative way, seeking in the investigations probative elements that have the
power to indicate the criminal authorship, resulting then in a judicial process and, as a desired
consequence, the conviction of the criminal, materializing the reward system. Police action
must be guided by the law, whose scope is to maintain public order, generally through
preventive and repressive actions, seeking to protect the fundamental rights of citizens.
However, with regard to criminal offenses, especially crimes of less potential, public criminal
action conditioned to representation and private criminal action, the traditional retributive
system proved to be inefficient in the task of pacifying conflicts, emerging as a path to be
followed by the police the use of techniques and founding principles of Restorative Justice,
demonstrating the need to change the police culture by overcoming traditional paradigms.
Furthermore, access to justice in Brazil, for a long time, was associated with the notion of access
to the Judiciary, it so happens that, according to constant reports from the National Council of
Justice, there is an overcrowding of cases in the judicial branches, in which Justice ends up for
making the citizen feel a sense of injustice, not to mention the obstacles faced by individuals in
accessing justice in our country. In the State of Tocantins it is not different, being of
fundamental importance the adoption of alternative methods of conflict resolution, such as
mediation and conciliation, in the police area, the phase that precedes the judicial process. For
this, the essential need to install the Special Criminal Nuclei - NECRIM's in the Civil Police of
the State of Tocantins, where self-composition hearings will be held to be chaired by the
Conciliator/Mediator Police Chief, in the case of a role that fits perfectly to the legal and
functional attributions of the Chief of Police, since, according to Law nº 9,099/1995, even lay
judges may coordinate mediation and conciliation hearings, let alone the Chief, being a member
of a legal career regulated by Law nº 12,830/2013. Experiences in Brazil and around the world
demonstrate that the adoption of restorative methods in conflict resolution used by police forces
reinforces the argument defended in this research. The present dissertation demonstrates the
social gains achieved with the use of the Restorative Justice methodology by the Civil Judiciary
Police as a tool for the social pacification of conflicts. At this point, we will try to demonstrate
the importance of implementing Special Criminal Nuclei in the Civil Police of Tocantins, with
the Police Chief acting as a conciliator and conflict mediator, not in the case of usurpation of
jurisdictional functions, but of acting within of legal dictates. It remained demonstrated that the
use of mediation in NECRIM's provides a greater approximation and increase of trust between
the population and the police, promoting access to justice, being a space for dialogue in the
community. Furthermore, the use of this restorative philosophy by the police has as its scope
the search for appropriate solutions to conflicts, social inclusion, autonomy and empowerment
of the mediated parties, resulting in the reduction and prevention of violence, promoting the
construction of a culture of peace. It was concluded that the use of Restorative Justice in the
pre-procedural phase, through the NECRIM's, with the holding of mediation and conciliation
hearings chaired by the Chief of Police, is a measure that is imposed in the State of Tocantins,
which will bring significant gains to the people of Tocantins, who will now have a police force
that is citizen and sensitive to social concerns, without losing the institutional focus of
guaranteeing public order and protecting the personal safety and security of citizens.
|
