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The construction of an \alternative\ model of conflict management: uses and representations about restorative justice in the state of São Paulo (Brazil)

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Author(s):
Juliana Tonche
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD)
Defense date:
Examining board members:
Marcos Cesar Alvarez; Maria da Gloria Bonelli; Andre Luiz Faisting; Álvaro Afonso Penna de Oliveira Pires; Ana Lúcia Pastore Schritzmeyer
Advisor: Marcos Cesar Alvarez
Abstract

In a context of high demand for access to justice in Brazil, restorative justice programs in conjunction with other alternative forms of conflict management are spreading across the country. Initiatives related to these new ways of conflicts management are emerging in different regions, encouraged by judges with the objective of preventing cases considered of low offensive potential, committed mostly by teenagers from public schools, to be criminalized and to come the courts. This thesis focuses on the specific analysis of alternative programs of restorative justice that are operating in the state of São Paulo (Brazil). Through a qualitative research, based on a case study of restorative justice programs, as well as interviews with professionals and participant observation of restorative circles that happened at a school in the city of São Caetano do Sul (SP), I argue that these initiatives are not breaking with the logic of the ordinary justice system, as it might seem at first. Actually, besides being part of a framework in which our criminal justice system remains central, these iniciatives are increasing the possibilities of expansion of social control network, inaugurating unprecedented programs that are mixing formal and informal, lay knowledge and expertise. The reserach results also show that restorative justice, despite its transformative potential, still has been facing difficulties to be effectively put in practice. The resistances with which they have to deal report since its theoretical foundations, through the law operators themselves and population that is attended by the programs that do not understand the model as an expertise (case of legal professionals), or as a benefit for those involved in the conflict (case of adolescents and participating family members). (AU)

FAPESP's process: 11/18570-2 - The construction of an "alternative" model of disputes resolution: uses and representations of restorative justice in the State of São Paulo
Grantee:Juliana Tonche
Support Opportunities: Scholarships in Brazil - Doctorate