The modern paradigm and the re (configuration) of the justice system from the alternative mechanisms of justice

• Autor(a) principal: Junges, Ionathan
• Data de Publicação: 2021
• Outros Autores: Porto, Rosane Teresinha Carvalho
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/42676
• topic: contemporaneity; punishment; alternative mechanisms; restorative justice.; Contemporaneidade; Punitividade; Meios alternativos; Justiça Restaurativa.

This article adopts a contemporary perspective to analyze the justice system and the changes that have occurred in the judiciary, especially in relation to the expansion of alternative dispute resolution mechanisms. Thus, it questions: what are the determinant factors for the (re)configuration of the justice system in relation to the dominant paradigms, and what are the alternatives to the justice system? The hypothesis is that modernity and the emergence of the modern State from contractualism, there is a form of political, social and judicial organization that has become more complex over time. The changes brought forth by the historical moment and cultural transformations were crucial to the development of new values that forcibly reflected in the (re)configuration of the judiciary. The new alternative mechanisms, especially in relation to restorative justice, are a new approach to understand and relate social subjects, bringing them closer together in a much more significant way with culture and society in the struggle for social pacification. In the development of this study, the deductive method was used by means of bibliographic and documental research techniques.