Por uma política pública de acesso à justiça juvenil restaurativa: para além do Poder Judiciário

Abstract

The Restorative Juvenile Justice denotes a still current and incipient systematization of assumption of new plural mechanisms of access to justice to the young. In Latin America, the large number of young people in relation to Anglo-Saxon countries unfolds in several impasses to be overcome and to be managed internally, due to the traditional state model represented by retributive justice.Justice to the young is not only a prerogative of the judiciary, but incumbent for a democratic shared management of the administration of justice, considered by a broad perspective of operation of the Executive, Legislative and Judiciary in its various federative spheres.This article aims to discuss the plural access to justice, understood as a set of triple intervention measures in public policy in the range of prevention, management and resolution of social conflicts, based on the theoretical and normative paradigms proposed by Resolution 2002/12 of the Economic and Social Council of the United Nations, the Lima Declaration on Restorative Juvenile Justice and the recent Resolution n. 225/2016 of the National Council of Justice, in Brazil. It will analyze the role of the axis of access to justice of the Rights Guarantee System (SGD) of the Children and Adolescents in Brazil in agreement to a Justice of enforcing rights to young people, to cope with the social, economic, political and cultural differences introjected in an archaic model of "labeling" the differences and the "other" social.