Restorative Justice and Penal Abolitionism: Social (re)integration of prisoners Luma Cobra Santos Moreno, Raphael da Rocha Rodrigues Ferreira

Abstract

This paper aims to discuss the restorative justice method and its relevance from the abolitionist perspective, thus demonstrating the importance of this instrument for the social reintegration of prisoners. It analyzes the work of Nils Christie and discusses the relevance of his criticisms in proposing an alternative method of criminal justice. It addresses penal abolitionism as a critical proposal to propose a change in the penal system, thus offering elements for the construction of a new method of conflict management and opening up greater possibilities for its implementation in the criminal justice system. It then addresses the UN National and Economic Council, which through Resolution 2002/12 introduced principles for this practice that favored the intensification of the use of restorative justice throughout the world, especially in Brazil. It then presents pilot projects implemented in Brazil that had positive results, such as Justice for the 21st Century – Rio Grande do Sul and Restorative Justice in the Judiciary and in the Schools of São Paulo, as well as dealing with Law No. 12,594/2021 and Resolution 225 of the National Council of Justice. With such analyses, it is possible to diagnose these applications in the Brazilian legal system and understand that restorative justice is an instrument for the resocialization of the prisoner, through the consensual resolution that restorative justice provides, thus reestablishing the channel of integration between offender, victim and community.