Navegando por Assunto "Restorative justice"

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Comunidades laborais restaurativas: um olhar sobre o assédio moral no trabalho a partir da justiça restaurativa e dos círculos de construção de paz
(Universidade Federal do Pará, 2023-08-10) SIQUEIRA, Camille de Azevedo Alves; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
Cases of moral harassment may have individual, institutional and structural dimensions. However, the procedures usually adopted do not address the collective and structural dimensions and, at the individual level, result only in financial compensation, allowing the perpetuation of violence. It is in this context that we propose to think about restorative practices, and more specifically Peacemaking Circles, questioning: to what extent does Restorative Justice allow a new look at the phenomenon of moral harassment at work and, through the adoption of Peacemaking Circles, can build restorative work communities? To answer it, the research adopted the hypothetical-deductive method of approach. At first, the research was of an exploratory theoretical nature and the technique of bibliographical research was adopted. Then, an exploratory field research was carried out through the participant observation of restorative interventions, more specifically in the application of Peacemaking Circles of dialogue on workplace moral harassment, in work communities, analyzing the experiences of the researcher as a circle facilitator. It is concluded that Restorative Justice, through the application of the Peacemaking Circles, allows the identification and curing of other possible dimensions of moral harassment existing in the specific case, as it focuses on meeting the needs of all those involved, bringing the community into dialogue (and not just the work community), returning the protagonism to individuals so that they can recognize their co-responsibility and assume obligations in building restorative work communities.
Acesso aberto (Open Access)
Justiça restaurativa: ampliando suas fronteiras para o direito de família
(Universidade Federal do Pará, 2021-09-14) SOARES, Cynthia Fernanda Oliveira; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291; https://orcid.org/0000-0002-3673-6912
Family conflicts are complex and are growing in scale related to several aspects, such as psychological, behavioral, moral, cultural and economic, leading to the massification of judicialization due to the actors involved not being able to reach a consensual resolution. This fact also generates the possibility of other conducts arising from the absence of this consensus with consequences, including criminal ones. This research aimed to verify the possibility of applicability of Restorative Justice in conflicts of Family Law whether judicial or not, observing its specificities so that the methodological approach could be applied satisfactorily. As a methodology, qualitative empirical research with a hermeneutic focus was chosen. In the phase of restorative justice interventions in concrete cases, the peacebuilding circle method was applied, according to the methodology described by Pranis (2011). First, a bibliographic documentary survey was carried out on restorative justice, family conflicts, restorative practices, projects and legislative policy. Then, the choice of cases for interventions to be carried out, with cases of family conflict that were under the responsibility of the Nucleus of Legal Practice (NPJ) of the Federal University of Pará (UFPA) being selected; the Court of Justice of the State of Pará (TJPA) of Belém, through the 4th and 5th Family Courts; Permanent Nucleus of Consensus Methods for Conflict Resolution (NUPEMEC), and the Judiciary Center for Conflict Resolution and Citizenship (CEJUSC) of the Capital and Ananindeua, totaling 14 interventions. Which followed the following steps: pre-circle, peace-building circle and post circle, when possible. After analyzing the interventions, the results were: five fully restorative cases; four partially restorative cases; and five non-restorative cases. Given the above, it is observed that the resolution of family conflicts through Restorative Justice is fully possible and even recommendable, providing the actors involved with the opportunity to reach a consensual, humanized and democratic solution, based on dialogue and active listening , enabling a safe environment for the discussion of difficult and painful matters that meets the needs of the parties, generating obligations in relation to the damage caused, making them assume their responsibilities.