A implementação dos postulados da justiça restaurativa no âmbito criminal brasileiro
The objective of the present work is to analyse the normative discourses pertinent to Restorative Justice within brazilian criminal in accordance with Resolution n. 225 of 31th May 2016 of the National Council of Justice, which proposes to regulate the theme in Brazil. This research uses the inducti...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2021
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8639615 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 42, Nº. 89, 2021 (Ejemplar dedicado a: Seqüência - Estudos Jurídicos e Políticos) |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The objective of the present work is to analyse the normative discourses pertinent to Restorative Justice within brazilian criminal in accordance with Resolution n. 225 of 31th May 2016 of the National Council of Justice, which proposes to regulate the theme in Brazil. This research uses the inductive approach, with document analysis and literature review techniques. This article theoretical framework harmonises with Foucault’s archaeology. This work concludes that the sovereign power, for centuries, prohibited intersubjective agreements and imposed the monopoly of criminal jurisdiction and, at the same time, as the emergence of the international postulates of Restorative Justice, the National Council of Justice, even without competence to legislate on matters of criminal and criminal procedure, tries to appropriate and control the practices of conflict resolution that should occur outside the formal scope of the State. |
|---|