A aplicação da justiça restaurativa nos casos de atos infracionais praticados pela juventude negra

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Date

2021-05-13

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Universidade Católica do Salvador

Abstract

In the lines of this article, the objective of building an analytical narrative about the presence of restorative justice in the means of criminal conflict composition will be revealed. We will bring up the main points of the social problematic that involves these subjects and what motivations lead them to criminality, highlighting the state of systematic denial of fundamental rights and guarantees, the importance of the status of children and adolescents, the structurality of racism as catalyzing element of the presence of these individuals in the penal system aiming at analyzing how restorative justice presents itself to promote legal peace between victim and offender, offering a valid alternative to the punishment offered by the judge-state, constructed through a bibliographic methodology that concludes on the need for restorative composition in view of the vulnerabilities that are at stake for this black youth.

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Keywords

Justiça restaurativa, Direito penal, Racismo estrutural, Direitos fundamentais, Estatuto da criança e do adolescente, Restorative justice, Criminal law, Structural racism, Fundamental rights, Child and adolescent statute

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