Decoloniality and restorative justice

dialogues and possibilities

Abstract

In the present study, we intend to present the potential of Restorative Justice as a paradigm capable of overcoming some of the problems identified in relation to the traditional justice system, having as its main guideline the integral repair of the damage through the dialogic construction of a solution in a profitable space for respectful and voluntary dialogue, making effective the fundamental rights and guarantees of those involved and giving protagonism to those effectively involved in the conflict - author, victim and community. It starts from the legal-sociological aspect for the development of the proposed theme, through a bibliographical review about Restorative Justice as a new paradigm of justice aligned with the Democratic State of Law using, for that, the inductive research method. It is necessary to think of a new model of justice aligned with the needs of the countries of the Global South, in such a way that Restorative Justice presents itself under a counter-hegemonic and decolonial perspective. It is intended to analyze a critical restorative model in dialogue with decoloniality, capable of historicizing and political awareness of Brazilian culture, avoiding the replication of structural violence, recovering ancestral narratives, deconstructing and reconstructing pre and post-colonial combat and restoring silenced epistemologies. It is necessary to break with the hegemonic narrative of the history of Brazil told from the Eurocentric point of view, overcoming the coloniality of power, being and knowledge, thus providing a dialogue with the Epistemologies of the South, with the rescue of suppressed knowledge and silenced. Thus, it is intended to subvert Restorative Justice, in order to subvert the worldview imposed by the North and cultural homogeneity, focusing on local needs through restorative practices that use transcultural criteria that do not intend uniformity or suppress minorities in their cultural expressions. In this way, this brief study seeks to point out possible paths for the solidification of a decolonial Restorative Justice, aligned with a plural society, with diverse interests and conflicts of greater complexity. Decolonial Restorative Justice prevents the justice system of the Global South from continuing to reproduce discriminatory and oppressive patterns in the face of historically marginalized and subaltern peoples, who feel the effects of colonization to this day.