A justiça restaurativa e sua aplicação aos conflitos ambientais e socioambientais : uma análise do caso da vila dos criadores em Santos

Abstract

This study investigates the application of Restorative Justice as a transformative paradigm in resolving socio-environmental conflicts, considering its non-oppressive and non-violent approach, aligned with the principles of environmental justice. The central question guiding this research is: "How can Restorative Justice be applied as a transformative paradigm in the resolution of socio-environmental conflicts, promoting a non-oppressive and non-violent approach in consonance with environmental justice?" The hypothesis is considered that Restorative Justice has the potential to establish itself as a new justice paradigm in cases of socio-environmental conflicts. Through the provision of an effective and non-oppressive alternative to traditional penal response, Restorative Justice promotes the transformation of relationships and respects the needs of all parties involved, contributing to the preservation of the environment and the promotion of a Culture of Peace and Human Rights. To investigate this hypothesis, a methodological approach based on critical literature review and laboratory analysis of a concrete case is employed. The literature review addresses the definition of Restorative Justice, theory, and methods, highlighting its differences in relation to mediation. In addition, the possibilities for the application of Restorative Justice in environmental and socio-environmental conflicts will be explored, highlighting its efficacy compared to judicialization. The hypothetical deductive method was used to demonstrate the efficacy of Restorative Justice and consensual conflict resolution methods in solving socio-environmental issues. Furthermore, the analysis of practical projects, including experience in the Vila dos Criadores in Santos, was conducted to verify the application of restorative methods in cases of environmental crimes of lesser offensive potential. In investigating its application and efficacy in concrete situations, this research contributes to a more comprehensive understanding of how Restorative Justice can promote a non-oppressive and non-violent approach, aligned with the principles of environmental justice, and provide more satisfactory responses for the victims of socio-environmental conflicts.