Co-Produced restorative justice: The possibility of implementing restorative justice principles in South Brazil

Source: (2009) Arizona State University

Restorative Justice is a set of normative principles. These principles can be
practiced in a variety of ways and in a variety of settings. When these principles work, it
is democracy at its best. Restorative Justice has been conceptualized by a vast number of
scholars and practitioners in and outside the area of conflict resolution. Most see
Restorative Justice as providing the possibility of bringing people together to restore the
harmony of a community. This dissertation utilized field work and content analysis to
track down and understand the consistency and implementation process of Restorative
Justice principles in the community and in the courts of south Brazil. Interviews,
observations, and agreements were studied to determine how Restorative Justice
principles were being used in settings of the community and the courts. Also, inquiries
were made as to whether Restorative Justice is being co-opted by the courts as another
strategy to carry out official duties.
The results of this research indicate that Restorative Justice brings a new degree
of justice and humanity into the community as private parties seek to mend what has been
broken without intervention of the law and the courts. Programs based on the principles
of Restorative Justice bring work, education, and hope to the youth in the favelas of
Brazilian cities, and methods to address the root causes of conflict. It was also determined
that a recriprocal partnership, co-produced by a political-educational approach, must be
created between the community and the court to further implement Restorative Justice.