A justiça juvenil restaurativa e a rede de proteção social brasileira no atendimento a adolescentes autores de ato infracional em contexto de vulnerabilidade social

Abstract

The purpose of this research was to analyze how the constitution of juvenile restorative justice in Brazil has been articulated to the social protection network in the perspective of the guarantee of rights, and what has been its impact on the acquisition of social goods to the adolescents engaged in practices of offensive conduct and their families. To achieve this objective we proposed a study driven by a method of dialectical historical materialism. According to the assumed method, we performed bibliographical, documentary and empirical research. In this way, the research included qualitative information, promoted by interviews with open questions, documentary sources and secondary quantitative data obtained by searching databases. The selection of the participants of the research was made through non-probabilistic snowball sampling, through e-mail contact with six people recognized as national references in restorative justice. These first people started the snowball process, indicating other contacts of people who had been practicing restorative juvenile justice for at least two years, and who had performed interventions that they considered as representative in the care of the adolescent engaged in practices of offensive conduct, from any region of the country. After this step, we sent an online questionnaire to the 23 participants that had been suggested, in order to characterize the restorative juvenile justice experience and invite them to participate in the research. We received ten questionnaires. Considering the research selection criteria and the people's willingness to participate in the research, we selected 4 cities for the research: Ponta Grossa-PR, Caxias do Sul-RS, BelémPA and Santarém-PA, with experiences from southern and north regions of the country. We went to the cities to carry out the research and carried out 39 semistructured interviews with the adolescents who engaged in practices of offensive conduct, their families, facilitators and members of the social protection network. From the triangulation of data, we organized the following categories of analysis: 1) the infraction as an expression of social vulnerability; 2) intersectoriality in juvenile restorative justice; and, 3) restorative justice in the qualification of socio-educational care. These categories were correlated with quantitative data from secondary sources from three main databases: IBGE, Human Development Atlas of Brazil and Social Data Report of the Single Cadastre. We conclude that restorative justice in juvenile justice has contributed to humanize the care of the adolescents engaged in practices of offensive conduct and also to give meaning to the socio-educational measure. Furthermore, the inclusion of the social protection network in juvenile restorative justice has been highlighted as an intersectorial meeting, inhancing networking and strengthening ties between teenagers, families and social protection services, which contributes to the acquisition of social goods. However, we problematize the role of justice in the articulation of public policies, due to the scrapping of public services, which, in turn, can lead to overloading and/or blame by professionals for the lack of the necessary investment for the functioning of services.