Justiça restaurativa no contexto brasileiro: dimensões do poder, discurso e nova racionalidade

Abstract

This Dissertation is part of the Social Relations and Dimensions of Power Research Line and aims to analyze Restorative Justice from the perspective of social transformation and human relations, not restricted to just a method of conflict resolution or an expedient to alleviate the burden of the Judiciary. Through eminently bibliographical research, the analysis of the conceptual and principled dimensions of Restorative Justice is initially developed, exploring its character under construction, its first experiences in Brazil and the study of three pilot projects, as well as the standardization and operationality of JR programs. Then, the focus shifts to the pressing need for new conflict management mechanisms in the Brazilian legal system, due to the crises of (il)legitimacy and (in)efficiency in the current model of criminal justice, the bankruptcy of the penitentiary system and the need to incorporate restorative logic in resolving conflicts of a criminal nature. This moment also contemplates the essential differentiation in the practices and techniques of Restorative Justice with others commonly confused. Finally, the dimensions of power, law and the logic of restoration are explored, investigating the structural flaws and roots of the punitive system as crucial elements for rethinking the current legal logic.