Paz e inclusão dentro da prisão?: um ensaio sobre os limites e as potencialidades das práticas restaurativas no âmbito carcerário brasileiro.

Abstract

In Brazil, the deprivation of liberty, unfortunately, has only fulfilled its retributive role, which would ideally restore the violated order by applying a penalty proportional to the crime committed. In this tangle of declared and unfulfilled functions, or fulfilled when not declared, the ideals of re-socialization and reintegration of the convict have occupied the last seat in the design of (new) criminal policies. Thus, there is an urgent need for profound transformations, changes in logic and paradigms, fundamental reforms and not just cosmetic ones. Moment when restorative justice arises, due to the harsh criticisms formulated against the retributive system. Launched as a viable alternative to conflict resolution as opposed to the traditional model of punishment, the cases of restorative justice, analyzed in this dissertation, expose their application in Brazil within the prison system as a proposal for peace and inclusion. In the first chapter the narrative of the Brazilian prison chaos is composed. In the second chapter, some criminal policies are presented that aim to improve the prison situation. Therefore, the third chapter addresses the theme of Restorative Justice, outlining meanings about its emergence, concept, principles and foundations. Closing, the fourth chapter, rehearses the identification of potentialities and risks of the application of Restorative Justice in Brazilian prison, in order to resolve conflicts, improving the situation of those involved.