As relações entre o sagrado e os círculos restaurativos no Tribunal de Justiça do Estado de Goiás

Abstract

This research, registered in the line of research Culture and Symbolic System, aims to analyze how spirituality acts directly on the contemporary subject, guiding his way of seeing and accepting social changes in the field of criminal law. The analysis took place at the Goiás Court of Justice, based on my experience as a Facilitator in Restorative Circles, which aim to act in conflict resolution, using techniques and symbolic elements arising from aboriginal rituals, mainly from the indigenous nations of Canada and New York. Zealand, like Maioris. Restorative Circles integrate Restorative Justice, which seeks to overcome jusnaturalism and legal positivism, which structures the retributive system, by linking it to a legal-normative concept of crime, which is marked out as a typical, illicit and culpable fact, resulting in offense to the state. In contrast, the so-called Restorative Justice presents a new look, as a new possibility for conflict resolution, providing greater space for dialogue and consensus, effective accountability of the offender, in addition to a safe place and greater attention to the needs of the victim and the community, which makes it possible to redefine life. To this end, it acts to restore the relations broken by the conflict or, at least, to minimize the damages caused by some illegal act or behavior. However, associations of symbols of the restorative circles with elements of religions of African origin, on the part of jurists and by people who participate in the Restorative Circles, have raised questions about the lay character of the judiciary. We understand that the phenomenon, before compromising the laity of the judiciary, expresses religious intolerance in Brazil, due to the negative representation regimes about Afro-Brazilian culture