Justiça Restaurativa à Luz da Teoria dos Sistemas Sociais de Nicklas Luhmann

Abstract

To conduct this work, we start from the following problem: “What is the place of Restorative Justice in the social system established by Social Systems Theory by Niklas Luhmann?” The study has the objective comprehending, from the structuralist approach of Law, how the restorative system forms as autopoietic social subsystem, able to operate in a differentiated in relation to penal system. In order to substantiate the analysis, a theoretical framework was adopted such as Luhmann (2016), Zerh (2015), Achutti (2016), and Pallamolla (2009), articulating fundamental concepts as systemic communication, autopoeisis, structural coupling, and functional differenciation. Methodologically, the research, followed the deductive method, with qualitative approach, utilizing bibliographic research, descriptive and exploratory. The data analysis was performed through the technique of content analysis, making possible identify the functions, boundaries, and possibilities of restorative system in the contemporary social context. It’s possible to conclude the Restorative Justice acts as a peripheral subsystem to the penal system, promoting dejudicialized solutions, interpersonal dialogue, and restoration of social relations, contributing to the reduction of complexity of penal system, and the effecting of a social justice more humanized.