A formação dos facilitadores da justiça restaurativa no Brasil: estudo de caso a partir do edital BRA/18/019

Abstract

The institutionalization of Restorative Justice as a public policy in Brazil meant the opening to a new paradigm of justice. This thesis presents Restorative Justice as a justice system whose characteristic is to integrate knowledge from different areas, and its possibilities in the context of the Judiciary. In dialogue with decolonial, complex and systemic thinking, it asks how restorative holistic values can influence the system of rules and norms of conventional justice. It proposes theoretical reflection based on the discussion of concepts from the epistemologies of the south, subalternity, paradigm, human rights, access to justice, utopia, violence, dialogue, community and human values, supported by authors from sociology, philosophy, anthropology, education, physics and of legal science. It analyzes the training of civil servants and magistrates of ten courts through the case study method of the public notice BRA/18/019 of the National Council of Justice, which selected the Center for Human Rights and Popular Education of Campo Limpo for the technical-methodological development of restorative practices in the period from 2020 to 2021, with the intention of understanding howthe training process has contributed to the propagation of this new paradigm of justice. This isan exploratory-descriptive study with a quali-quantitative approach, whose research techniques used were: bibliographic and documentary review, semi-structured interview and Laurence Bardin's content analysis through thematic analysis. It concluded that Restorative Justice has strained the system of rules/norms of the traditional justice system insofar as: it represents a counter-hegemonic movement with a holistic, ecological and systemic rationality; promotes reflections on structural violence; it promotes the horizontalization ofthe power of speech and instigates the protagonism of the community in the process of “doing justice”.