Princípios e Valores da Justiça Restaurativa : um estudo sobre o alinhamento do Projeto-piloto da 17ª Vara Cível da Comarca de Aracaju aos princípios e valores restaurativos

Abstract

The Punishment Justice model is a project that was born a failure, its political and philosophical assumptions, through its mechanisms of punishment, generated mass incarceration as a product. This exponential incarceration did not decrease, nor did it stabilize crime rates – in the 1990s, for example, these numbers tripled. The retributive model, which is not only obsolete but also in decay, becomes even more ineffective in preventing crime and in restoring good social interaction when it comes to Juvenile Criminal Law. Adolescents, confined to prison, are separated from their family, social life and experiences that are formative and necessary in such a troubled period and, at the same time, transforming their lives. Restorative Justice appears against these punitive and incarcerating measures, giving the conflicting parties a chance for dialogue, listening, respect, reparation and change. In this work, an investigation will be carried out on one of the births of Restorative Justice and on how the first practical experiences took place, especially in the protection of young people in conflict with the law. In addition, a study will be carried out on the basic conceptual outlines of this Theory, while these are confused and interconnected with its principles, values and foundations. At the end, a comparative study of this principle base was carried out from the perspective of practical experiences of the first pilot project of Restorative Justice adopted in the State of Sergipe, carried out at the 17th Civil Court of Aracaju - Childhood and Youth Court.