Justiça juvenil restaurativa: um novo espaço público no sistema de justiça?

• Autor(a) principal: Battisti, Talléya Samara
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/508
• topic: SERVIÇO SOCIAL; SOCIOLOGIA EDUCACIONAL; JUSTIÇA RESTAURATIVA; DELINQUÊNCIA JUVENIL; CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL

This study aimed to investigate the manifestations of public space in restorative justice initiatives in order to reveal its impacts on the Juvenile Justice System from a practical experience being developed in the city of Porto Alegre. The research focused on the discussion of effectiveness of the Youth Justice System, considering the historical orientation in punitive responses to offenses, at the same time that initiatives related to a new paradigm of justice are being constituted in the national scenario. Among these initiatives is Restorative Justice, which converges to the idea of an expansion of public space, in the forms of administering justice, since this alternative to the system adds an ethical agenda, driven by the principle of human dignity of all offenders, victims and community, guided by democratic decision-making processes, carried out by the individuals directly affected by some event that caused offense individually or collectively. It is being questioned, as well, through all the chapters, the need for democratization of Justice regarding the Youth Justice, and the possible contributions of restorative justice in this process. The research uses the dialectical-critical method and is characterized as an exploratory study based on literature review and documental analysis, constituting a case study, whose unit of analysis is the Restorative Practice Central of the Youth Court of Porto Alegre. The approach of the phenomenon is qualitative, using information also quantifiable. The subjects of the study were chosen by the criterion of participation in restorative procedures in 2008. The study concludes that Restorative Youth Justice is part of the contradictory relationship between the punitive system and the orientations of ECA and SINASE, being articulated to legitimate social demands for the democratization of youth justice, with the expansion of shared social responsibility related to violence committed by youth.