Mapeando a Justiça Restaurativa: limites, contornos e extensão das práticas restaurativas no âmbito dos tribunais estaduais brasileiros

Abstract

This study starts from the analysis of the chronology of criminological events in order to understand how the medieval model of penalization was replaced by the framework of Modernity (18th century), with imprisonment being chosen as the main form of punishment. This process of substitution has been widely discussed within the criminological-critical theories, which propose questioning the current penal system by recognizing the selectivity that guides the processes of criminalization, as well as the detrimental effects of imprisonment on the human personality. Within these critical approaches to the modern criminal justice system and its continuities throughout the following centuries, Restorative Justice (RJ) emerged in the 1970s as a dialogical and democratic proposal for dealing with criminal conflicts. After reviewing the historical context of RJ's development, its legal frameworks, definitions, and characteristics, the present research focused, particularly, on the Brazilian context, finding that in Brazil, the Judiciary plays a leading role in establishing RJ, but there is little publicly available information on the subject. In the face of this lack of information, an empirical research was conducted for the purpose of investigating the strategies and practices adopted by Brazilian state courts to implement and institutionalize RJ. The research findings point to challenges such as the lack of dissemination of initiatives and limited diffusion of Restorative Justice in the country. Thus, propositions are presented for the improvement and expansion of RJ within Brazilian state courts.