The idea of justice in Amartya Sen and the restorative paradigm

Restorative justice is an emerging model of criminal justice, originating from the confluence of penal abolitionism and victimology, which proposes a new approach to conflicts caused by crime, with the aim of repairing the relationships affected by the criminal offence. Starting from this initial premise, this paper aims to investigate the complexity of the idea of justice proposed by Amartya Sen, relating it to the restorative model. Likewise, it sought to examine the dialogue between contemporary Brazilian constitutionalism and the idea of justice and the emerging model of criminal justice. To this end, the hypothetical-deductive and propositional legal method was used, by means of a bibliographical survey and analysis of the literature specialising in the subject. In addition, the relationship between constitutionally guaranteed values and the realisation of justice was examined, in such a way that it requires the introduction of new practices, such as restorative justice, in order to foster a different perspective on the construction of the idea of justice through a criminal policy linked to the propositions of neoconstitutionalism.

Autorentext

Tássia Louise de Moraes Oliveira - Master's student in Public Law at the Federal University of Bahia. Specialised in Criminal Sciences at the Pontifical Catholic University of Minas Gerais. Graduated in Law from the Ruy Barbosa College. Lawyer and Conciliator attached to the Bahia State Court of Justice.