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1 Int'l J. Restorative Just. 9 (2018)
Restorative Justice and Criminal Justice: Limits and Possibilities for Brazil and Latin America

handle is hein.journals/ijrestore1 and id is 11 raw text is: 








ANNUAL LECTURE


Restorative justice and criminal justice: limits

and possibilities for Brazil and Latin America

Vera Regina Pereira de Andrade*


Abstract

    This article is based on the 2017 RJIJ annual  lecture and seeks to examine the
    development  of the restorative justice movement  within the judiciary in Brazil
    (judicial restorative justice') in the last decade or so (2005-2017). The focus is on
    its relation to penal justice, listing the main possibilities and challenges in the Latin
    American  context. The main question I wish to address is how does restorative jus-
    tice, being led by the judiciary in Brazil, look like? When, where, how and under
    which  theoretical and methodological angles is it being developed? What are the
    human   and  material resources being used? How   can  the relationship between
    restorative justice and the current Brazilian criminal justice system be understood?
    My  hypothesis is that judicial restorative justice in Brazil is going through a process
    of expansion and development, framing  a paradigm that is under construction and
    in which, despite the possibilities of challenging and transforming the current jus-
    tice system, it has been nevertheless colonised by this same justice system. There-
    fore, restorative justice is being left to deal with low-level crimes and facing struc-
    tural and conjectural limits to the concretisation of its objectives. In addition, the
    field in Brazil is hit by a structural lack of dialogue with other Latin American
    countries, which results in a mutual impoverishment of sorts, as the 'restorativism'
    currently experienced, hither and thither, is heated up by the intersection of eman-
    cipatory principles and values.


Keywords:   Justice restorative, criminal justice, punishment,  Brazil, Latin Amer-
ica.






*   Vera Regina Pereira de Andrade is Emeritus Professor, Federal University of Santa Catarina,
    Florian6polis, Brazil. Contact author: vrpandrade@hotmail.com.
    Acknowledgements: My  gratitude to Ivo Aertsen, Estelle Zinsstag and Fernanda Fonseca
    Rosenblatt, for their careful revisions that followed the translation of the article by Fabricio
    Pontin. I am truly honoured by the triple distinction - the opportunity to deliver the Annual
    Lecture, the chance to write the article, and the collaboration in this memorable multi-hand work
    that facilitates the world's dialogue with Brazil and Latin America.


The International Journal of Restorative Justice 2018 vol. 1(1) pp. 9-32          9
doi: 10.5553/IJRJ/258908912018001001002