A justiça restaurativa como método adequado para a resolução de conflitos : um enfoque sobre a sua aplicabilidade no estado do Rio Grande do Sul

Abstract

The present work has as its theme the study about Restorative Justice, which aims to be a more appropriate means for resolving conflicts, which includes the participation of all those involved so that a dialogue can take place, seeking a solution to the confrontation. That corresponds to the interests and needs of those involved, in addition to making the offender aware of the harm caused by him. With this work, it was found that Restorative Justice has principles and methods that are very different from the principles of Retributive Justice, a traditional justice model in force in Brazil, since it treats those involved in a conflict with respect and equality, it treats with attention the victim, caring for his/her needs and feelings and treats the offender with appreciation, seeking to repair the damage and raise awareness, not just giving punishment and retribution for the harm caused, as occurs most often in Retributive Justice. It was also found that the practices of Restorative Justice are applied in the most diverse areas, from the most serious cases to infractions with little offensive potential. The State of Rio Grande do Sul, which is among the pioneering states in restorative practices in Brazil, has, within its scope, several initiatives that make use of restorative practices, within a project that has a solid performance, called "Project Justice for the 21st Century", which aims to apply Restorative Justice to resolve conflicts involving children and adolescents, which serves as a complement and also as an alternative to the traditional justice system, In schools, Restorative Justice is applied with the aim of stimulating dialogue between students and avoiding conflicts, also as a way to prevent confrontations that occur in the school environment from being taken to the judiciary, thus preventing that the victim suffers even more with the consequences of the process (sic).