Restorative Justice: A possible way to overcome modern criminal rationality?

• Autor(a) principal: Costa, Daniela Carvalho Almeida da
• Data de Publicação: 2018
• Outros Autores: Machado Júnior, Elisio Augusto de Souza
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/54226
• topic: Punitive system. Modern criminal rationality. Critical criminology. Abolitionism. Restorative Justice.; Direito; Direito Penal; Criminologia; Sistema punitivo; Racionalidade penal moderna; Criminologia crítica; Abolicionismo; Justiça Restaurativa

The present article starts from the hypothesis that Restorative Justice is presented as a possible way to deal with the questions formulated by the penal abolitionism. Since its institutionalization, penalty has served as an instrument of control and maintenance of the punitive power that, replacing the parties involved, attributed to the vertical model of justice the difficult responsibility of solving the conflict. The long process of structuring the punitive system culminated in the adoption of jail as a new paradigm, with the consequent development of theories that have tried to legitimate the penalty. However, this attempt at dogmatic justification has been unable to mask the flaws of modern penal rationality, and therefore there is a need to overcome the old model. The main objective of this research is to analyze, from the perspective of critical criminology, through a literature review, the collapse of theories of punishment and to identify to which extent Restorative Justice implies rupture with the modern penal rationality and proposes a new paradigm for the understanding of conflicts and their resolution.