Enquadramento da justiça restaurativa na teoria de justiça sustentada por Jacques Derrida: a desconstrução do sistema punitivo visando o fim das mazelas criadas pela justiça retributiva vigente

Abstract

The present work aims to criticize the criminal justice system that follows the punitive logic and that prevails in all contemporary Western society, thus enabling the hypothesis of adopting the logic of restorative justice to be granted to grant greater justice to the penal system. In order to achieve this objective, it is intended to expose the problems that the system that takes retributive justice caused to society during the centuries in which it prevailed, encompassing the problems of appropriation of the power of resolution of conflicts by the State, thus excluding the victims of criminal prosecution, and is also the subject of a discriminatory condemnation of the State, which seeks to withdraw from society marginalized individuals, who are in fact the responsibility of the State itself for failing to provide the necessary aid to the needy constitutionally established, and such individuals may only commit offenses in order to remedy the absence of state provision of their lives. Such cumulative problems lead to excessive criminal prosecution in the Judiciary, making it cumbersome and costly, and this only because it satisfies the interests of the State itself. Faced with this reality, it is verified that the only option that exists to overcome such ills is through the implementation of restorative programs, which bring the victim, the perpetrator and the entire community involved in the fact, through mediation , to reach a consensus on what measures should be taken to overcome the damage suffered. Thus, in order to verify justice in the model described, the theory of justice was conceived by Jacques Derrida, who believes that Law and Justice are not related terms, and that true justice could only be produced through the deconstruction of Law.