Justiça restaurativa e crimes lgbtfóbicos : possibilidade de aplicação como subversão do sistema criminal

Abstract

This research discusses the application of restorative justice to LGBT-phobic crimes, pointing out this possibility as a subversion to the traditional Criminal Justice System. The research methods used were bibliographic and documentary. Initially, LGBT-phobic violence is characterized from the perspective of queer theory, as well as in the light of statistical data in Brazil and legal aspects that involve its criminalization. Next, the restorative paradigm is analyzed, highlighting its origins in the world and in Brazil and its ontological aspects, going through structuring characteristics, values and principles. Finally, the applicability of restorative justice specifically to LGBT-phobic crimes is discussed. Firstly, the relationship between traditional criminal justice and the LGTBQIAP+ community is highlighted, revealing institutionalized LGBTphobia, a fact that results in the impossibility of satisfactory resolutions in this aspect. Afterwards, an analysis of the possibility of applying restorative justice to crimes motivated by discrimination against sexual and gender dissent is carried out, demonstrating the theoretical approach between the restorative movement and the LGBTQIAP+ movement in the queer aspect, considering that both represent the disruption of already consolidated social structures and paradigms. Moreover, restorative justice also reveals itself as a tool that enables the resumption of the victim's role in resolving conflicts.