Memória, radicalidade e institucionalização: uma perspectiva antropofágica para reimaginar a justiça restaurativa no Brasil

Abstract

In this thesis, I embarked on an interdisciplinary journey to reexamine restorative justice in Brazil, extending beyond the legal field to explore connections between memory, trauma, radicality, and the dynamics between the state and civil society. My research question was: "How can the institutionalization of restorative justice in Brazil be directed to amplify its transformative potential by integrating local knowledge and cultural practices to address and repair collective traumas, thereby challenging structural violence and contributing to the construction of restaurotopias?" The main goal was to understand how restorative justice could be reimagined in the contemporary Brazilian context, drawing from relational, social, and cultural experiences and considering the varied and deep narratives of those living in this territory, inspired by the concept of "intellectual ingestion" proposed by the Anthropophagic Movement. I argue that reclaiming the radical, transformative nature of restorative justice and integrating it with local practices and knowledge can aid in developing a more nationally aligned institutionalized justice system. This is because institutionalization depends not only on the revival of radicality and its integration with local knowledge and practices but also on the power dynamics and force correlations among various actors seeking this revival and the subjects of public institutionalization. Inspired by Oswald de Andrade's Anthropophagic Movement and using embodied writing, this thesis proposed a sensory immersion into the complexities and nuances of Brazil's history of pain and violence, and restorative justice, seeking deep reflection on memory, violence, and trauma. Through qualitative-exploratory methodology, examining literature, documents, and legislation, I analyzed legal documents, primarily CNJ Resolution 225/2016, and some examples of restorative practices in Colombia, Guatemala, and Brazil, to understand the challenges and potentialities of implementing anthropophagic restorative justice in Brazilian territory. The selection of examples was based on an analysis of the theoretical and practical production of restorative justice, approached critically and recognizing structural violence, including its interaction with the cultural and social environments of the involved parties. I concluded that restorative justice has the potential to repair historical wounds and transform society, valuing the country's cultural and social uniqueness, provided its implementation and execution are well-coordinated with the community and the individuals involved. Therefore, this research not only provided a retrospective and prospective overview of restorative justice in Brazil but also highlighted developments in the expanded approach to restorative justice and actions to support its critical and coherent institutionalization and implementation, so that in the medium and long term, we can construct other places, namely, restaurotopias.