Justiça restaurativa e prisões: uma perspectiva de combate e prevenção à violência institucional

Abstract

This dissertation analyzes the restorative justice applied to the prison environment, from the perspective of combating and preventing institutional violence. It is linked to the Research Line 02 of this Master's Program (Law and Social Vulnerability), considering that it proposes to study a group in a situation of inequality and vulnerability, although it also addresses some aspects of Research Line 01 (State and Constitution). Therefore, this research is conducted through a comparison, through the dialectic method, which uses as a parameter three approaches: the main national and international norms related to institutional violence, the theoretical basis of restorative justice and some experiences in restorative justice carried out mainly in the scope of Rio Grande do Sul. First, entering the custodial institutions, seeks to understand the concept of institutional violence, as well as the problems and contradictions of deprivation of liberty, and then analyze the inhumanity of mass incarceration that exists in the Brazilian reality. In a second moment, it studies the main international and national norms on the subject, following the evolution of the protection of the human rights and the scope of the combat to the institutional violence. Then, it analyzes in depth the foundations of restorative justice, its theoretical construction and the main practices, including in the prison environment. In the next moment, it studies some experiences of the use of restorative justice, mainly in Rio Grande do Sul, as well as the APAC method, currently in expansion by Brazil and the world. Finally, the analyzes carried out in previous chapters are compared using the dialectical method to understand the scope, limits and possibilities of using restorative justice as a tool to combat and prevent institutional violence in the prison environment. As mentioned, the present work adopts the dialectical method, carried out through a documentary research, for the adequate understanding of the phenomenon studied.