The Consensus Justice in Construction of Citizenship: A Reflection of 20 Years of Application of Alternative Measures of Law 9099/95.

• Main Author: Pamela Ivellize Pamplona Galvao De Medeiros
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Formas Consensuais de Solução de Conflitos
• Subjects: Alternativas penais, Ministério público do distrito federal e territórios, Cidadania, Transação penal, Suspensão condicional do processo
• Online Access: http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/762

Two decades ago, the Law 9099/95 consolidated new consensual criminal justice model for the crimes of lesser offensive potential through conciliation and application despenalizadoras measures. The criminal transaction and the conditional suspension of the procedure are the despenalizadoras measures provided for in the Act. They are institutions aimed at preventing other crimes and social reintegration of the offender from the justice of distribution with joint application by the judiciary, prosecution, victim and community , represented by organized civil society. This restorative justice model does not remove the perpetrator from society and provides the serving of sentences in an environment conducive to reflection on their role in society, their rights and duties, your commitment to yourself and the community. This study aims to demonstrate that alternatives to imprisonment under Law 9099/95, and effective criminal act may act in the construction of citizenship, as realization instrument of fundamental rights, based on program experience developed in the Federal District from partnerships between the public prosecutor of the Federal District and Territories and civil society.