Justiça juvenil: da punição à restauração: caminhos para a implementação da justiça restaurativa a situações de adolescentes em conflito com a lei no Brasil

Abstract

Despite the advances achieved in the Juvenile Justice System, there are still very strong retributive and compensatory marks that contribute little to the effective resocialization of young people in conflict with the law. The present article, through qualitative research, employing bibliographical and documental investigation, and adopting the hermeneutic phenomenological method, investigates in which points the Restorative Justice approach can improve the treatment given to minor offenders in the Brazilian context. Primarily, the categories infraction, socio-educational measures and remission are analyzed. Subsequently, the possibilities of Restorative Justice within the scope of the Brazilian Juvenile Justice are explored, in order to understand how this system effectively contributes to the treatment of juvenile offenders. It is concluded that Restorative Juvenile Justice is a field of potential for the development of a solution that better serves both victims, minor offenders and the community.