A incidência do sistema de justiça restaurativa na execução penal: da revaloração das partes à reintegração social

Abstract

The present research aims to analyze the possibility of applying the restorative model within the context of criminal sentence enforcement, considering issues such as social reintegration, the relationship between society and prison, and an inclusive and non-punitive social mindset. The main focus is to investigate the relationship between the restorative model and its capacity to reduce criminal recidivism, as well as to promote the social reintegration of incarcerated individuals through their inclusive participation in the enforcement process. The study is grounded in a critical analysis of the retributive structure of the Brazilian prison system, highlighting its repressive and violent roots, which perpetuate social disparities, especially with regard to a prison population composed predominantly of young, poor, and Black individuals. In this scenario, the research examines whether and how restorative justice may present itself as an alternative model to the traditional punitive paradigm, prioritizing, within the scope of sentence enforcement, dialogue and harm repair, so that the victim is heard and the offender may reflect on the consequences of their conduct. To this end, the reasoning is developed through an analysis of the APAC method and its possible compatibility with notions of restorative justice. As for the methodology, a qualitative approach of a theoretical-dogmatic nature was adopted, using bibliographic and documentary research. The results indicate that the incorporation of restorative practices in criminal sentence enforcement has the potential to humanize the execution of sentences, provide effective social reintegration, and reduce recidivism rates, shifting the exclusive focus away from punishment toward the reconstruction of broken social relationships.