Restorative Justice: a Democratic Model of Institutional Reform?
This article aims to reflect on restorative justice as a possible paradigm of institutional reform in the Brazilian context, given the numerous structural problems in its prison system. Initially, a diagnosis of the current situation of the Brazilian prison system and impacts suffered by individuals...
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| Format: | Article |
| Language: | Portuguese |
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Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2015-12-01
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| Series: | Revista de Formas Consensuais de Solução de Conflitos |
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| Online Access: | http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/407 |
| _version_ | 1828400124452143104 |
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| author | Juliana Kobata Chinen |
| author_facet | Juliana Kobata Chinen |
| author_sort | Juliana Kobata Chinen |
| collection | DOAJ |
| description | This article aims to reflect on restorative justice as a possible paradigm of institutional reform in the Brazilian context, given the numerous structural problems in its prison system. Initially, a diagnosis of the current situation of the Brazilian prison system and impacts suffered by individuals deprived of liberty will be displayed. It will then be raised some possibilities of reforms presented by scholars and policy makers. Finally, it will be presented restorative justice as an alternative to traditional retributive justice model. From a brief explanation of its concept and its values, the purpose is to think if this new way of dealing with crime can contribute to a more participatory and democratic criminal justice system, pointing out challenges to the implementation of this justice paradigm in Brazil. At the end of the text, an assessment of the discussion will be presented, concluding that the adoption of restorative justice as a possible reform of the Brazilian criminal justice system seems promising, although adopted in experimental and incrementally manner and in need of further researches taking into account the particularities of the country. |
| first_indexed | 2024-12-10T09:26:48Z |
| format | Article |
| id | doaj.art-fc79eb6e1dec4db39028e6fa47d9d3f8 |
| institution | Directory Open Access Journal |
| issn | 2525-9679 2525-9679 |
| language | Portuguese |
| last_indexed | 2024-12-10T09:26:48Z |
| publishDate | 2015-12-01 |
| publisher | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| record_format | Article |
| series | Revista de Formas Consensuais de Solução de Conflitos |
| spelling | doaj.art-fc79eb6e1dec4db39028e6fa47d9d3f82022-12-22T01:54:30ZporConselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)Revista de Formas Consensuais de Solução de Conflitos2525-96792525-96792015-12-011113015810.26668/IndexLawJournals/2525-9679/2015.v1i1.407407Restorative Justice: a Democratic Model of Institutional Reform?Juliana Kobata ChinenThis article aims to reflect on restorative justice as a possible paradigm of institutional reform in the Brazilian context, given the numerous structural problems in its prison system. Initially, a diagnosis of the current situation of the Brazilian prison system and impacts suffered by individuals deprived of liberty will be displayed. It will then be raised some possibilities of reforms presented by scholars and policy makers. Finally, it will be presented restorative justice as an alternative to traditional retributive justice model. From a brief explanation of its concept and its values, the purpose is to think if this new way of dealing with crime can contribute to a more participatory and democratic criminal justice system, pointing out challenges to the implementation of this justice paradigm in Brazil. At the end of the text, an assessment of the discussion will be presented, concluding that the adoption of restorative justice as a possible reform of the Brazilian criminal justice system seems promising, although adopted in experimental and incrementally manner and in need of further researches taking into account the particularities of the country.http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/407Criminal policy, Prison policy, Institutional reform, Restorative justice, Law and development |
| spellingShingle | Juliana Kobata Chinen Restorative Justice: a Democratic Model of Institutional Reform? Revista de Formas Consensuais de Solução de Conflitos Criminal policy, Prison policy, Institutional reform, Restorative justice, Law and development |
| title | Restorative Justice: a Democratic Model of Institutional Reform? |
| title_full | Restorative Justice: a Democratic Model of Institutional Reform? |
| title_fullStr | Restorative Justice: a Democratic Model of Institutional Reform? |
| title_full_unstemmed | Restorative Justice: a Democratic Model of Institutional Reform? |
| title_short | Restorative Justice: a Democratic Model of Institutional Reform? |
| title_sort | restorative justice a democratic model of institutional reform |
| topic | Criminal policy, Prison policy, Institutional reform, Restorative justice, Law and development |
| url | http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/407 |
| work_keys_str_mv | AT julianakobatachinen restorativejusticeademocraticmodelofinstitutionalreform |