Restorative justice in the eyes of Rio Grande do Sul criminal magistrates

Abstract

In Brazil, the resolution of conflicts involving behaviors classified as crimes generally requires judicialization. However, judicialization is not the only skillful model for providing adequate responses to these conflicts. Restorative justice aims to reduce state action on the outcome of social conflicts. She intends to return the victim to her role as a victim, and hold the offender accountable without incarcerating him. It happens that in the Judiciary, the most expressive restorative justice programs are emerging. Restorative justice, paradoxically, would be developing on the most infertile ground for it. In view of this, this work presents research on the gaucho criminal magistracy's view on restorative justice. We sought to understand how it would be possible for this justice to be developing in the same environment in which criminal law is traditionally applied by the State. The method adopted for the development of the research was of semi-structured interviews with the criminal magistrates of the Rio Grande do Sul State Justice.