Círculos restaurativos: a mediação dos conflitos nas escolas como reflexo na incidência das futuras demandas judiciais

Abstract

Currently, the Brazilian Judiciary is undergoing a serious institutional crisis, since it does not meet the demand of the population in search of justice. With the possibility of filing numerous appeals, the judicial process shows itself as a sinuous path, as well as tiring and uncertain, without even the promise of a decision of merit. In this context, peaceful methods of conflict resolution emerge as an alternative to the growing search for the judicial institution, in view of the possible transformation of the culture of litigation. However, it must be pointed out that the proposed change must be institutionalized by the education programs, and applied to the students from the beginning of their school life until their integral formation. Seeking the transformation of traditional education, in order to make the student aware of providing a more favorable environment for the harmonious resolution of conflicts, Piaget emerges as the founder of the bases of Constructivism and, therefore, is considered as the scholar who revolutionized education. Corroborating with the Piagetian proposals, new studies are focused on the modernization of the education system, this time headed by such names as Lev Semyonovich Vygotsky and Paulo Freire. The convergence pertinent to the presented theories is summarized to the dialogicity between those involved in the education process. Ratifying this proposal, restorative circles appear as spaces for dialogues, with the purpose of promoting the peaceful resolution of conflicts. In this sense, the application of Restorative Justice appears as a new paradigm in front of traditional justice. The present study aims to evaluate how the application of restorative circles contribute to the peaceful solution of these conflicts, as well as the species of agreements made by those involved. It also seeks to analyze the context in which the victim and the offender are inserted, in order to identify the possible trigger factors of these attacks, with the purpose of attacking the problem at its core, aiming at the possibility of avoiding future lawsuits. For the development of this work will be used the deductive method.