A justiça restaurativa e a inversão ideológica dos direitos humanos = Restorative justice and the ideological reversal of human rights
| Autor: | Larissa Rosa, Renan Posella Mandarino |
|---|---|
| Jazyk: | portugalština |
| Rok vydání: | 2015 |
| Předmět: |
Legal pluralism
Pluralismo aspectos jurídicos lcsh:Jurisprudence. Philosophy and theory of law Restorative justice Human Rights Ideological inversion lcsh:K1-7720 Justiça restaurativa aspectos constitucionais lcsh:Law lcsh:Law in general. Comparative and uniform law. Jurisprudence lcsh:K201-487 Direitos humanos lcsh:K |
| Zdroj: | Repositório Institucional do STJ Superior Tribunal de Justiça (STJ) instacron:STJ Revista Direito e Liberdade, Vol 17, Iss 3, Pp 115-137 (2015) |
| Popis: | This work aims to correlate the ideological inversion that the human rights are constantly subjected with the potential danger that the principles of restorative justice are exposed, since the communication between the participants can be within a hierarchical scale that does not allow a free dialogue. It is intended to use the concepts of legal pluralism and ideological reversal related to human rights to analyze if the restorative justice model is a viable mechanism to effect rights in the criminal context, or if this model is just another instrument of domination disguised of participative intentions. It can be concluded that the mediation can serve the maintenance of structural differences in a hierarchical society, but can also represent an interesting alternative to the current failed penal system. It was also concluded that, if the proposals of restorative justice, notably penal mediation, are analyzed and applied from a complex, relational and concretely produced perspective, they will reflect an achievement, since it inserts the victim and the accused in the context of criminal conflicts resolution. |
| Databáze: | OpenAIRE |
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