Justiça restaurativa no Brasil: análise histórico-crítica da sua implementação

Abstract

This research aims to investigate the movement of implementing restorative justice in Brazil from a historical-critical approach, through the understanding of the theoretical elements that constitute it and the particularities that this form of conflict resolution has in the Brazilian reality. Therefore, in the first chapter we present a theoretical rescue on restorative justice through the thought of some of its main creators, and we continue with the reflection on the application of restorative justice by national states from the experience of New Zealand, Canada and the United States, pioneer countries in restorative practices. In the second chapter we raise the debate on the theoretical-philosophical foundation that guides restorative justice, briefly presenting some elements of penal abolitionism, a theoretical current of law inserted in critical criminology that influences restorative justice. Finally, in the last chapter, we developed our thoughts on Brazilian restorative justice. We present elements that help in understanding the reality of the country, briefly situating the social formation of Brazil from the reading of some of its social thinkers, in order to understand the particularities of Brazilian capitalist society and their expressions of the social question. Then we elaborated some formulations about the Brazilian judiciary and the prison system, in order to identify and know the contradictions of these spaces and unveil the terrain in which restorative justice is inserted in Brazil. And we close the chapter with the historical construction of the development of restorative justice in Brazil and with the analysis of the place that this form of conflict resolution takes in the Brazilian reality. In view of this path, we present the conclusions concerning this investigative process, pointing out the limits of restorative justice in capitalist societies, especially in Brazil.