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| Author(s): |
Letícia Trombini Vidotto
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | Ribeirão Preto. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Ciências e Letras de Ribeirão Preto (PCARP/BC) |
| Defense date: | 2025-04-10 |
| Examining board members: |
Laura Vilela e Souza;
Cristina Rego de Oliveira;
Emerson Fernando Rasera;
Nirson Medeiros da Silva Neto
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| Advisor: | Laura Vilela e Souza; Daniel Silva Achutti |
| Abstract | |
This research investigates how discursive practices in Restorative Justice (RJ) processes create conditions for conflict transformation. Grounded in social constructionism and positioning theory, the analysis focuses on the interactional dynamics among participants and the positioning games that take place throughout the process. The study followed 30 RJ cases in Brazil and Spain, using detailed transcriptions and notes from observed cases, in a qualitative analysis of interactions combined with a quantitative approach to assess the incidence of restorative principles in the processes. The data were analyzed based on a coding system derived from the Manual on Restorative Justice Values and Standards for Practice, allowing the classification of cases according to the identification of RJ principles and challenges. Statistical analysis included proportion calculations to measure the incidence of restorative principles and tests to compare patterns of practice and challenges across different cases. The results indicate that merely introducing RJ principles does not ensure the realization of its values, as their operationalization depends on how meanings are discursively negotiated among participants. The study also identified challenges related to the institutionalization of RJ within the criminal justice system, highlighting how the influence of the retributive paradigm can restrict discursive repositioning and limit participants\' agency. However, discursive practices such as speech reformulation, the use of metaphors, responsive listening, and the dialogical construction of principles were found to enhance participants\' engagement with the restorative model. Thus, the study concludes that RJ cannot be understood merely as a set of procedures but as a discursive process that relies on the active co-construction of restorative meanings throughout interactions. (AU) | |
| FAPESP's process: | 19/14445-0 - The use of restorative justice in the legal context |
| Grantee: | Letícia Trombini Vidotto |
| Support Opportunities: | Scholarships in Brazil - Doctorate |