Whose side is restorative justice on? Some reflections on its implementation in the Brazilian scenario

Authors

  • Renata Saggioro Davis

DOI:

https://doi.org/10.18316/redes.v9i2.6540

Keywords:

Restorative Justice, Judiciary, Critical Criminology, Social Control, Alteranatives to Encarceration

Abstract

Over the last years, restorative justice has been pointed out as an alternative model of conflict resolution in opposition to the criminal justice system arousing the interest and enthusiasm of a numberr of scholars and law enforcers. However, alternative propositions to incarceration and the criminal system in general demand cautious treatment since reformist experiences meant the widening of the punitive power control networks as the critical criminology studies have demonstrated. In the Brazilian context, restorative justice has been implemented and managed by the judiciary, subordinated to the traditional criminal justice system. In addition, the predominant theoretical-methodological framework in restorative programs is established, to a large extent, by an individualizing perspective of the offensor’s responsibility. Based on these findings, the central question of this article is: would restorative justice, as it is elaborated in Brazil, be able to effectively face the punitive paradigm and its control agencies? To this end, the theoretical-methodological framework of critical criminology will be articulated to analyze some elementary assumptions of the restorative proposal brought by established authors in this field of study, as well as the norms developed around the institute in our country.

Author Biography

Renata Saggioro Davis

Mestre em Direito Penal pela Universidade do Estado do Rio de Janeiro (2019). Especialista em Direito Penal pela Universidade Católica de Petrópolis (2012). Graduada em Direito pela Universidade Federal de Minas Gerais (2010). Membro do Laboratório de Críticas e Alternativas à Prisão (LabCap). Advogada no Rio de Janeiro, RJ.

Downloads

Published

2021-07-23

Issue

Vol. 9 No. 2 (2021)

Section

Articles

License

Authors who submit their manuscripts for publication in the “REDES” Magazine agree to the following terms:

  1. The authors claim to be aware that they retain copyright by giving “REDES” the right to publish.

  2. The authors declare to be aware that the work submitted will be licensed under the Creative Commons Non-Commercial Attribution License which allows article sharing with acknowledgment of authorship and publication in this journal.

  3. The authors declare to be aware that by virtue of the articles published in this journal have free public access.

  4. The authors declare, under the penalty of the law, that the text is unpublished and original and that they are aware that plagiarism has been identified, plagiarized authors will be informed - willingly, to take legal action in the civil and criminal sphere - and, plagiarists will have their access to the magazine blocked.

  5. The authors state that - in case of co-authoring - all contributed significantly to the research.

  6. Authors are obliged to provide retractions and (or) corrections of errors in case of detection.

  7. The authors are obliged not to publish the text submitted to “REDES” in another electronic journal (or not).

 

The Electronic Journal Law and Society - REDES - is licensed under a Creative Commons License. Attribution-NonCommercial 4.0 International.Based on work available at "http://revistas.unilasalle.edu.br/index.php/redes/about/submissions#copyrightNotice".

Permissions in addition to those granted under this license may be available at http://creativecommons.org/.