ENTRE A PROTEÇÃO E A PUNIÇÃO: A Justiça Restaurativa como instrumento de pacificação social e de responsabilização do adolescente no sistema socioeducativo

Abstract

This research analyzes the potential of Restorative Justice as an instrument for social pacification and accountability of adolescents in conflict with the law, given the persistence of a punitive bias in the application of socio-educational measures in Brazil. Although the Federal Constitution of 1988, the Statute of the Child and Adolescent (ECA), and the National Socio-educational Assistance System (SINASE) Law established a legal model based on integral protection, absolute priority, and the pedagogical purpose of youth accountability, practical reality still demonstrates a significant approximation with the repressive logic of the adult criminal system. In this context, the study seeks to understand to what extent Restorative Justice can contribute to overcoming this punitive paradigm by promoting more effective and humane responses compatible with the fundamental rights of adolescents. To this end, the research examines the normative framework of socio-educational measures, analyzes structural and institutional challenges, investigates the psychosocial impacts of punitive practices from a developmental psychology perspective, and discusses the foundations, principles, and practical experiences of Restorative Justice within youth accountability. The methodology consists of bibliographic and documentary research with a qualitative approach, based on the analysis of legislation, specialized doctrine, National Council of Justice (CNJ) resolutions, and institutional reports on restorative programs in Brazil. It concludes that Restorative Justice presents relevant potential to qualify the execution of socio-educational measures, reduce recidivism, strengthen social bonds, and promote the reintegration of the adolescent by shifting the focus from punishment to dialogue, joint responsibility, and harm reparation. Thus, it is demonstrated that building a more effective youth accountability model requires not only compliance with existing protective norms but also overcoming punitive institutional practices and strengthening public policies oriented toward social inclusion and the promotion of human dignity.