Vozes silenciadas: uma análise crítica da justiça juvenil brasileira em contraste com a justiça restaurativa e sua aplicação na 2a VIJ de São Luís/MA sob a ótica das recomendações da CIDH

Abstract

This research intends to analyze juvenile justice and restorative justice in addition to its practical application in the 2nd Court of Childhood and Youth of São Luís, through its Center for Restorative Justice and how these can serve as answers to the criticisms presented by the CIDH on that system. Therefore, it was necessary to understand the adolescent's own right in conflict with the law, in addition to the possible applications of restorative justice. Firstly, the character of juvenile justice in Brazil is outlined in accordance with the provisions of the ECA (Child and Adolescent Statue) and the law of the SINASE (National Social and Educational Service System), contrasting this with a factual vision of the socio-educational system and whether it works as a mean of re-educating the teenager in conflict with the law. To this end, analysis of several studies was carried out on the level of recurrence of adolescents permanently captive throughout the country, seeking to conclude whether or not the captivity was effective. Secondly, we sought to understand the role of restorative justice and how it works in relation to retributive criminal justice. In this way, several characteristics of both doctrines were traced, seeking to identify their functioning and understand which would be the most appropriate to be applied to adolescents in conflict with the law. At the last moment, we tried to bring some criticisms to restorative justice, while these were answered through restorative practices carried out by Brazil. This monograph ends with an analysis of the application of Restorative Justice in Maranhão, where the effectiveness of this as a means to prevent the reiteration of young people in conflict with the law has been demonstrated. In addition, criticisms and problems about the restorative justice of Maranhão and its application were also presented. At the end of the monograph, it was presented that restorative justice is an effective mean of responding to criticisms drawn by the CIDH, serving as a mean both to prevent recidivism, to reduce the overcrowding of inpatient units and to distinguish socio-educational units from prison environments. It is concluded, therefore, that the restorative justice of Maranhão shows efficacy, however its application can still be developed, being necessary a network action jointly of other organs and state and municipal powers besides the expansion of public policies complementary to restorative justice.