A Restorative Justice as an expression of Claus Roxin’s “third way” in Brazilian Criminal Law

Abstract

The article analyzes restorative justice as a possible expression of the “third way” proposed by Claus Roxin within contemporary Criminal Law. It begins with a critique of the traditional penal model, centered on punishment, which does not always adequately resolve the conflicts arising from criminal offenses. Thus, the study examines damage reparation as a complementary mechanism to criminal sanctions and investigates its connection with the principles of restorative justice. The research adopts a bibliographic and jurisprudential methodology, based on doctrinal analysis and the examination of Brazilian precedents. It concludes that there is a convergence between Roxin’s proposal and restorative justice, particularly in valuing the victim, promoting the offender’s accountability, and seeking solutions less focused on punishment. Although still applied mainly in a complementary manner in Brazil, restorative justice represents an important instrument for the humanization of the criminal response.