A justiça restaurativa e a raça no Brasil: inquietações sobre a presença da comunidade nas práticas restaurativas aplicadas à violência doméstica e familiar contra mulheres negras

Abstract

This research aims to question the impacts of Restorative Justice in cases of domestic and family violence against black women and the community relationship of those involved with restorative practices in Brazil. The Brazilian black community, from the impacts of racism, colonialism, sexism situates itself in conditions of subalternity, since the black individualized bodies which star as the ones involved in adjudication, as well as silenced in the very elaboration of the category of race as episteme, positioned in the scientific contributions inside and outside of the academic environment. As such, the assessment of the structure and functioning of Restorative Justice goes through the methodology of documental investigation, using a qualitative approach, and through the official documents in the format of reports produced by the National Council of Justice (CNJ) about Restorative Justice and this one, associated to domestic and family violence against women and the norms which regulates Restorative Justice. The theorical milestone which ballasts the reasoning is the critical criminology centered in the racial aspects per Ana Flauzina (2018), Thula Pires (2020), Deise Benedito (2018). Authors like Sobonfu Somé and Raymond Adamore are presented as proposers of non-penal intervention in conflicts inside marital relationships in a racial perspective, dialoguing with the multiplicity of conceptions of restorative practices. Therefore, the absence of racial approaches also related to punitivism, and the indefiniteness of the notions of community in Restorative Justice, delimit the insufficiency of the enhancement of the public policy which integrates the criminal justice system.