Justiça Restaurativa: um caminho possível na superação da racionalidade penal moderna?

Content Provider	Semantic Scholar
Author	Costa, Daniela Carvalho Almeida Da Júnior, Elisio Augusto De Souza Machado
Copyright Year	2018
Abstract	The present article starts from the hypothesis that Restorative Justice is presented as a possible way to deal with the questions formulated by the penal abolitionism. Since its institutionalization, penalty has served as an instrument of control and maintenance of the punitive power that, replacing the parties involved, attributed to the vertical model of justice the difficult responsibility of solving the conflict. The long process of structuring the punitive system culminated in the adoption of jail as a new paradigm, with the consequent development of theories that have tried to legitimate the penalty. However, this attempt at dogmatic justification has been unable to mask the flaws of modern penal rationality, and therefore there is a need to overcome the old model. The main objective of this research is to analyze, from the perspective of critical criminology, through a literature review, the collapse of theories of punishment and to identify to which extent Restorative Justice implies rupture with the modern penal rationality and proposes a new paradigm for the understanding of conflicts and their resolution.
Starting Page	65
Ending Page	91
Page Count	27
File Format	PDF HTM / HTML
DOI	10.5380/rfdufpr.v63i1.54226
Volume Number	63
Alternate Webpage(s)	https://revistas.ufpr.br/direito/article/download/54226/35255
Alternate Webpage(s)	https://doi.org/10.5380/rfdufpr.v63i1.54226
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article