Orientações Gerais para aplicação da Justiça Restaurativa no âmbito institucional da Defensoria Pública do estado do Tocantins

Abstract

This Technical Report brings the theoretical-practical foundation for the implementation of Restorative Justice (JR) as a tool for self-compositional social pacification for the realization of fundamental rights within the scope of the Public Defender's Office of Tocantins, with the objective of presenting as a product a manual for the monitoring of the restorative system at the institutional level, considering Resolution no. 225/2016, which provides for the National Policy on Restorative Justice within the scope of the Judiciary. This report explains about Restorative Justice and its basic concepts and introduces notions about peacebuilding circles, with a focus on the consolidation of RJ as a socio-legal element of social transformation that can avoid litigation. Assuming that Jurisdictional Provision has the function of presenting alternatives for the promotion of Human Rights, the training of specific institutional agents to work in conciliation and conflict resolution circles, based on the JR's reasoning, allows us to infer that the practical results may be measured from the reduction of disputes through the peaceful resolution of conflicts. Regarding the investigative contribution, this Technical Report excelled in carrying out qualitative research of a bibliographic and documentary nature, in order to expand JR's legal and philosophical vision. In this way, it was possible to outline emerging trends in the treatment of restorative themes, even as a counter majoritarian movement to today's excessive judicialization. Restorative Justice is not a substitute for Retributive Justice, but complementary for application in processes in which it is possible to establish dialogue, in order to restore relationships and promote a humanized sense of the Justice System. During the investigation, several products came to fruition as a result of the improvement process in JR, such as: 1) Organization of events on the subject; 2) Participation in events; 3) Publication of articles in annals of events; and 3) The preparation of an “Introduction to Restorative Justice practices for public defenders in the state of Tocantins”, as part of a didactic material with introductory notions of JR, organized in partnership with the Escola Superior da Defensoria Pública of the State of Tocantins (ESDEP). It is expected that this work will have an impact on social life by effectively reaching the heart of the conflict with an alternative for resolution and conciliation with a multidisciplinary focus and contribution to promoting affirmative public policies for Jurisdictional Provision.