Justiça restaurativa e gestão pública da política criminal: reconhecimento, pluralismo metodológico e ressocialização em sociedades democráticas

Abstract

This study examines restorative justice (RJ) as a practice of recognition and democratic conflict management, focusing on its expansion beyond criminal law, especially into civil and administrative disputes. The research problem is to determine to what extent RJ can produce legitimate and effective outcomes in these settings while safeguarding voice equality, freedom from coercion, and the public justifiability of agreements, without reproducing power asymmetries, institutional pressures, or forms of capture by punitive rationalities. The central hypothesis is that RJ should not be framed as an autonomous fundamental right; rather, it may operate as a tool for the realization of fundamental rights, provided it is structured by procedural safeguards consistent with substantive due process and with protections against revictimization and domination. The general objective is to analyze the possibilities and limits of this expansion. The specific objectives are: (i) to contextualize the rise of punitive governance and its selective effects; (ii) to systematize RJ’s theoretical foundations and guiding principles in dialogue with recognition theory and deliberative approaches; (iii) to examine RJ’s institutionalization in Brazil and the challenges of implementation, with special attention to its translation into non-criminal arenas; and (iv) to discuss RJ as a practice oriented by fundamental rights, delimiting safeguards and legitimacy parameters for restorative agreements. Methodologically, the dissertation adopts a qualitative, doctrinal-critical approach based on literature review and documentary analysis, with a temporal scope from 2005 to 2025. The corpus includes international guidelines, Brazil’s National Council of Justice Resolution No. 225/2016, related institutional documents, specialized scholarship, and relevant judicial decisions