ATO INFRACIONAL: MEDIAR PARA RESTAURAR

• Autor(a) principal: Marcus Vinicius de Oliveira Elias
• Data de Publicação: 2024
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/8709
• topic: Adolescentes. Atos Infracionais. Sujeitos de Direitos. Justiça Restaurativa. Mediação.

This thesis contextualizes the concern with the human rights of children and teenagers, no-tably regard to teenagers in conflict with the law. The attention that must be given to them is global, even more today, when globalization is increasingly intense, so that the countries must strengthen international cooperation in this aspect, through treaties and conventions, supporting Constitutions and other laws, in a true dynamogenic process that encourages the constant and gradual evolution of the protective treatment that children and teenagers must receive systematically. Specifically in the context of teenagers responsible for infractions, emerges the task of seeking alternatives to punitive logic, which has long been shown to be insufficient to address the full complexity of the phenomenon of transgression of the posi-tive norm. In this context, Restorative Justice presents itself as an opposition of epistemo-logical and methodological origin, aiming not at punishing the teenager offender, but at finding solutions to heal wounds, traumas and losses caused by the infraction. Therefore, through bibliographical review and theoretical-critical confrontation, aiming to identify pos-sible theoretical contributions to Restorative Justice, we sought to go through the law chang-es that transformed the way of understanding and applying the rights of children and teenag-ers, according to the new paradigm established by the Brazilian Child and Teenager`s Stat-ute. The descriptive and exploratory method was adopted in terms of objective, qualitative in terms of approach and bibliographic in terms of procedure, whose theoretical basis comes from specialized literature on the subject and international and Brazilian legal doctrine. It was possible to verify that in Brazil, the 1979 Minors Code was revoked, which adopted the doctrine of irregular situation, where children and teenagers were treated as objects of rights. However, given the force of the Child and Adolescent Statute of 1990, supported by the Federal Constitution of 1988, both reflected in international treaties and conventions to which Brazil is a signatory, the panorama has changed to provide children and teenagers treatment as subjects of rights, through acceptance of the doctrine of full protection. Among the new legal dispositions, are the institutes of Restorative Justice and Mediation, which present themselves as an alternative to the convicting culture. So, these concepts were ana-lyzed, especially in accordance to the theoretical framework proposed by Luis Alberto Wa-rat for ecological mediation, according to the perspective of fraternal law, by Eligio Resta. By the end, we sought to identify the contributions of the institutes in the context of holding teenagers responsible for infractions. Thus, new perspectives were taken on the concepts that underlies Restorative Justice and Mediation, applied in the context of Children and Youth, favoring actions that truly promote the self-composition of conflicts and the much-desired social pacification, always in search of interpretations and broader applications, in accord-ance with the desire for social change.