Name: CAROLINE BOLSONI RIBEIRO
Publication date: 08/06/2020
Advisor:
Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
| RICARDO GUEIROS BERNARDES DIAS | Internal Examiner * |
| THANA MARA DE SOUZA | External Examiner * |
Summary: ABSTRACT: Gender-based violence is a social pathology that affects Brazil
systematically. In the search for solutions to this crisis, the Judiciary
initiated an effort to implement Restorative Justice techniques, a procedural
model that seeks to resolve conflicts prioritizing dialogue between the
parties and the engagement of the community in which they operate. Given this scenario, the question arises whether the restorative model has the necessary elements to adequately address gender-based violence. As a metric for the proposed analysis, Axel Honneth's Theory of Recognition was chosen, whose thesis holds that the individual is built by experiences of intersubjective
recognition. When realizing that non-recognition hurts the subject, the
procedural model chosen to deal with the conflict must guarantee a space of
recognition for the victim of aggression. To understand whether Restorative
Justice can guarantee this environment, it was necessary to develop
bibliographic research on the restorative model itself, the sociological
concept of gender and Honneth's thesis. Our research showed recognition
deficits in the application of the conventional criminal procedure model and
in Restorative Justice, pointing out, mainly, that the latter depends on
elements of the former for minimum effectiveness, such as protective measures in cases of continuous threat. Therefore, there must be an effort for the two models to act collaboratively, in order to maximize the environment of
recognition offered to the victim.
