A PERCEPÇÃO DE JUSTIÇA ATRAVÉS DA JUSTIÇA RESTAURATIVA

Abstract

This study investigates whether restorative justice provides a broader and more effective understanding of justice compared to the traditional penal system. Communitarian justice is based on the principles of fraternity and solidarity, in which the community plays a central role in seeking fair solutions, resembling the mutual support within a family. The Federal Constitution of 1988 in Brazil reflects a communitarian approach, promoting values of solidarity and social justice. The state must protect these principles and ensure that justice is achieved inclusively and equitably. In communitarian justice, individual accountability and the restoration of social harmony are emphasized, promoting an understanding of the harm caused and a commitment to social harmony. In contrast, the traditional penal system tends to be punitive, prioritizing retribution over the restoration of social balance. Restorative justice aims to hold the individual accountable for their actions, involving society in understanding, reconciliation, and reparation of the harm. The goal is to provide a greater perception of justice for the victim, the offender, and the community. This study used a literature review methodology and aims to contribute to the discussion about restorative justice and its potential to promote a comprehensive and effective understanding of justice compared to the traditional penal system.