Justiça restaurativa como possibilidade de afirmação dos direitos humanos e de diminuição da violência na escola pública

Abstract

The present research is about restorative justice as a possibility for affirmation of human rights and an effective alternative in the prevention and combat of violence in the public school space, especially against children, adolescents and the school community in general. The problem proposed is to what extent does the restorative justice model respond more effectively to the problem of combating violence in the school environment, understood as a problem of violation of human rights of every school community? It is a general objective to understand how the insertion of restorative justice practices within the public school can be an effective measure in preventing and combating violence against all the characters that make up the school community, avoiding the violation of their fundamental rights. For this, the first chapter presents the historical context of the paradigm of restorative justice, its origin, evolution, conceptualization and its arrival in Brazil. In addition to demonstrating its principles, values and practical approaches, highlighting victim-offender mediation, conferences and restorative circles. Then, in the second chapter, the problem of violence in the inner space and surroundings of the Brazilian public school is analyzed, an opportunity in which statistical research on the problem of violence is presented, highlighting its main types, emphasizing school bullying that can have consequences present and future very significant victims, offenders and spectators. Subsequently, there is an analysis about the definition and characteristics of human rights, their generations or dimensions and the possible violation of human rights based on the violence that occurred in the educational environment. Finally, international and national legislation on human rights education and the responsibility of the public entity in its implementation are highlighted. The prevalence and incapacity of the retributive / punitive system, which is present even in the Statute of the Child and Adolescent, is criticized for dealing with crime and infractions. The absolute priority and protection of children and adolescents by the State Judge is emphasized. The last chapter presents restorative justice as an affirmation of human rights and as a possibility and effective alternative in the prevention and combat of violence within the school and its surroundings, especially in its approach from the Restorative Circles.. The experience of the "Justice for the 21st Century" program, which is developed in Porto Alegre / RS, and the contributions of the restorative circles worked in the city of Caxias do Sul / RS, through the Restorative Peacekeeping Center of Youth Center and the Central Peace Restoration Center or Judicial Peace Center. These approaches are a way of bringing people together in order to reach mutual understanding in order to build an effective culture of peace, dialogue and respect for human rights. The present work will focus on the monographic, historical method, which is an eminently bibliographical review, developed based on books, articles, statistical data information from research carried out with institutions such as IBGE, OECD, INEP, etc., always considering theoretical references recognized by the scientific community.