JUSTIÇA RESTAURATIVA: APLICABILIDADE NOS ATOS INFRACIONAIS

Abstract

The increasing incidence of juvenile delinquency has been linked to the lack of clear opportunities for personal and professional development, leading many to turn to criminal activities as a means of escaping their personal problems. Faced with this reality, authorities impose socio-educational measures on juvenile offenders following the confirmation of their transgressions and an analysis of their individual context. However, these coercive punishments may prove inadequate in promoting rehabilitation, given the complexity of the factors that led to the commission of the offence. Consequently, there arises a need to explore complementary approaches that not only punish the offender but also comprehend their individual needs. With this in mind, this study explores Restorative Justice as an alternative capable of pacifying conflicts in this context. It discusses the objectives, goals, fundamental principles, and the applicability of Restorative Justice in cases of juvenile delinquency with the aim of assessing how these practices can contribute to the reparation of the harm caused and the effective rehabilitation of young offenders. The study employs bibliographic and documentary research techniques, utilizing a hypothetical-deductive approach. The findings indicate that Restorative Justice can play a significant role in the rehabilitation of juvenile offenders, aligning with the objectives and principles established in the Children and Adolescents Statute and the National System of Socio-Educational Assistance. By raising the offender's awareness of the impact of their offence and promoting measures for reparation of harm, this approach facilitates the reintegration of the juvenile offender into society, thus offering a more holistic and effective perspective for addressing juvenile delinquency.