Sem solidariedade não há justiça restaurativa: Análise temática sobre as práticas realizadas no Cejusc Lapinha do Tribunal de Justiça da Bahia à luz do Art. 3, I da Constituição Federal de 1988

Abstract

Solidarity, among its most diverse conceptions, is provided for in art. 3rd, I, of the Constitution of the Federative Republic of Brazil as one of the Objectives of the Republic. Alongside, Restorative Justice, considered a vision, a paradigm, an alternative, a method for conflict management, among other meanings, has been systematically propagated since 2005 in Brazil, through the Judiciary, gaining in the last 5 (five) years, several norms published by the National Council of Justice, starting from Resolution no. 225/2016, which constituted an important milestone to regulate practices on national soil. It is in this scenario that this research is developed, seeking to study the relationship between this constitutional principle and its materialization, through restorative practices. Based on the analysis of the content of different types of communications contained in interviews with Restorative Justice facilitators who work at the Judicial Center for Consensual Conflict Resolution - Cejusc Lapinha of the Court of Justice of Bahia, analysis of the agreements signed after the performance of these facilitators in the processes forwarded to this Center, in the last 5 (five) years, and finally in the theoretical references on restorative thinking, its historical development and definition, as well as on the term solidarity, the interpretation of the research object was constructed. The qualitative exploratory methodology was used, using the Bardin Content Analysis research tool and through the Thematic Analysis Technique or also known as Categorical, in which it sought to identify the relationship between Restorative Justice and Solidarity, verifying the correspondences expressed by the sources mentioned above, through the evaluation of the information revealed in these data. Finally, with the systematization of the study of restorative practices in Bahia in the context of Cejusc Lapinha, which has exclusive competence in this matter, seeking to understand the facilitators' perception of the connection with the fundamental right of the third dimension.