Raça, violência estrutural e justiça restaurativa

Abstract

Racism is a phenomenon that finds itself rooted in society, reflecting as social domination based on relations regarding race, where it is carried out through discrimination and racial inequality. Based on that, the internalization of this violence makes it so these behaviors become part of social structures and, consequently, determinate the accessibility of certain groups to several areas and positions, chosen by social control as excluded from basic services for human life, highlighted, in this study, those concerning the justice system. Moreover, this is a qualitative research, exploratory, utilizing bibliographic methodology. In the meantime, the study has its main problem: on what measure the assertion of a new way of looking into the individual and the collective damage through Restorative Justice can contribute for the discussion and elucidation of the harmful effects of structural racism in the Brazilian judiciary? The present study has for object the Restorative Justice movement as alternative for confrontation of structural racism. As hypothesis of this question it is assumed that structural racism is legitimized by clusters of rules established in the modern era, where the justice system replicates these violences through its structures and, finally, that the establishment of an alternative method of treatment of the black people in the justice system, on multiple dimensions, can start with a movement of effective racism combat in the Brazilian judiciary system. Thus it is concluded that Restorative Justice can be an instrument for structural racism combat in the judiciary, although it is necessary to pay attention to the peculiar characteristics of the Brazilian justice system.