A adoção de práticas de justiça restaurativa em contraposição à calamidade do encarceramento em massa: por uma resposta eficiente à política de drogas no Brasil

Abstract

In the context of the problems faced by current criminal doctrine and jurisprudence, there are two issues that are the subject of constant debate, given the difficulty of finding solutions to improve the social situation, namely mass incarceration and national drug policy. It is no coincidence that the failure of both policies has resulted in 31% of the prison population being incarcerated for crimes related to the Drug Law. Thus, through a broad philosophical and historical analysis, this work aims to present the concept of Restorative Justice, expose its philosophical bases, demonstrate its affinity with humanistic criminal and criminological theories, and cite the first experiments of this institute in history. Therefore, from the perspective that it is already used in various legal systems around the world with effective success, the objective is to demonstrate that, once Restorative Justice practices are adopted within the Brazilian Criminal Justice system, in the sense that many of the methods to be implemented are alternatives to imprisonment in a closed regime and based on this new direction, they will reduce the prison population, thus becoming a new pillar of the National Drug Policy. In this context, Restorative Justice can be established by bringing a new perspective to modern criminal rationality. Based on the values of otherness, humanization, and resocialization, restorative practices, when incorporated into our system, can implement dialogue and conflict resolution through composition and reconciliation, recognizing the almost infinite capacity of human beings to regenerate themselves.