Risks and potentialities of communities in restorative approaches to domestic violence cases
DOI:
https://doi.org/10.58725/rivjr.v3i3.146Keywords:
Communities, Criminal Law, Maria da Penha Law, Domestic Violence, Restorative JusticeAbstract
Debates surrounding restorative justice (RJ) in cases of domestic and family violence have been increasing in Brazil, especially after the publication of Resolution No. 225/2016 by the National Council of Justice (CNJ). As a result, questions about the roles of its participants (victim, offender, and community) have emerged in both theoretical and practical spheres.
On one hand, the theoretical debates have expanded; on the other, there is a scarce academic production regarding the definition and involvement of communities. Based on existing theoretical works in the fields of sociology and RJ itself, this study will investigate possible concepts and configurations of community within restorative practices. Subsequently, it will present the risks and potentialities of community involvement in RJ applications related to domestic violence.
A qualitative approach will be employed, using the deductive method and supported by bibliographic materials, such as theses, dissertations, and scientific articles. It is understood that communities, given the current social framework, must be intentionally formed to resolve conflicts. The article will point out the following risks associated with the involvement of such proposed communities: (i) restorative artificiality and (ii) re-victimization. Regarding the potentialities, the following were observed: (i) empowerment/community transformation and (ii) welcoming agent.
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