Anais EnAJUS 2019

ISSN 2674-8401

Therapeutic Jurisprudence and Restorative Justice in Brazil

Autores: Jéssica Traguetto e Tomas de Aquino Guimarães

Informações

Sessão 10: 06/08/2019 • 08h30 às 10h00 • Sala 106, Bloco C
Coordenador: Prof. Thiago Nascimento

Resumo

The Brazilian prison population in 2017 had increased by more than 700% compared to the situation in the early 1990s. The ordinary response to prison overcrowding came through changes to the justice system, such as Therapeutic Jurisprudence and Restorative Justice. Although these new institutions are socially relevant, there are few studies about them in Brazil. This study seeks to discuss the perceptions of Brazilian judges of these new ways of dispensing justice from the perspective of institutional change theory. The data collection involved document analysis, court-hearing observations and interviews with 14 key-actors in the Brazilian justice system. The results show four dimensions - beliefs, motivations, commitment and intergroup relations - that characterize the roles played by Brazilian judges working with Therapeutic Jurisprudence and Restorative Justice. This movement can be classified as the modal type of institutional change called layering and ‘radical’ frame blending.

Palavras-chave

Therapeutic Jurisprudence, Restorative Justice, Judges, Institutional Change, Brazil.
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