Uma interface entre a teoria da justiça de John Rawls e a justiça restaurativa como política criminal

The article aims to investigate how the Theory of Justice proposed by John Rawls can contribute to the theoretical development of Restorative Justice as a criminal policy capable of optimizing the judicial care of members of a Democratic State. In the methodology, the descriptive analysis of the pri...

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Bibliographic Details
Main Authors: Bessa, Ana Carla Coelho, Santiago, Nestor Eduardo Araruna
Format: Article
Language:Portuguese
Published: 2022
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8886354
Source:Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 43, Nº. 92, 2022 (Ejemplar dedicado a: Seqüência - Estudos Jurídicos e Políticos)
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Summary: The article aims to investigate how the Theory of Justice proposed by John Rawls can contribute to the theoretical development of Restorative Justice as a criminal policy capable of optimizing the judicial care of members of a Democratic State. In the methodology, the descriptive analysis of the principles of Restorative Justice arranged in Resolution No. 12/2002 of the United Nations Economic and Social Council and the universal principles proposed by Rawls in his theory was used. In conclusion, it is observed that the basic principles of freedom and equality emphasized in Rawls' Theory of Justice offer a philosophical basis capable of contributing to the theory of restorative justice seen as a policy of judicial provision of a Democratic State to its members, which takes place through participation, cooperation and integration in criminal justice.