Restorative Justice and Indigenous Peoples: Traditional Knowledge as Pathways to Effective Legal Pluralism

Abstract

      This article examines the intersection between Restorative Justice and the traditions of Indigenous peoples, focusing on its application in Canada and Brazil. Initially, it presents an overview of Restorative Justice, its foundations, values, and various practices, such as circles and mediations, that seek to repair harm and reintegrate individuals into the community. It then discusses the richness and resilience of Indigenous legal traditions, historically suppressed by colonial systems, and the growing recognition of their rights and methods of conflict resolution. It addresses how indigenous reparation practices have influenced Restorative Justice and how, in different contexts, they seek to promote cultural sustainability and social harmony, exemplifying with sentencing and healing circles in Canada and Indigenous Restorative Justice initiatives in Brazil. Finally, it analyzes the challenges and opportunities of this confluence, including the resistance of the formal system, the need to avoid co-optation, and to ensure full recognition of justice diversity, seeking a systemic transformation that promotes equity and cultural respect.