As medidas socioeducativas, as remissões e a justiça restaurativa: estudo propositivo à Vara da Infância e Juventude da Comarca de Gurupi

Abstract

It is a case study that aims to present the models proposed by the Restorative Justice as a possibility for a greater effectiveness in the application of socio-educational measures in the Rod of Childhood and Youth of the Gurupi-TO Region. The methodology used was a case study on the recidivism rates of adolescents in conflict with the law, with the purpose of verifying the feasibility of the models proposed by restorative justice to the effectiveness of the socio-educational sentences in the Comarca of Gurupi-TO. It was verified that juvenile infraction act is the social inequality, the non-exercise of citizenship and the absence of basic social policies and protection implemented by the State. In addition, most of the preferential targets of the infraction acts practiced are crimes drug trafficking and crimes against public patrimony. Another point that deserves to be highlighted is the high rate of repetition of infractional practices committed by adolescents, who are mostly between 14 and 27 years of age. Malgrado the Statute of the Child and Adolescent affirms on the adoption of treatment imposition for the adolescents involved in infractional acts, having as main focus the social reintegration of the individual, in practice it is noted the recurrence in harmful fact. In this context, Restorative Justice appears as a new model of conflict resolution, with the purpose of avoiding the recidivism of the juvenile infraction behavior in conflict with the law. In this line, the National Council of Justice instrumented the practice of Restorative Justice with Resolution 225/2016 for immediate application in the courts of justice of every country. To this end, training and capacity-building is the responsibility of the courts, through the Judicial Schools and Magistracy Schools, promoting training courses, training and improvement of facilitators in Restorative Justice. It is concluded that it is possible to apply Restorative Justice in the scope of the Special Court of Children and Youth of the Gurupi-TO Comarca in all phases of the proceedings, with a view to reducing harm and favoring social peace.