A POLÍTICA NACIONAL DE JUSTIÇA RESTAURATIVA NA TRANSFORMAÇÃO DOS CONFLITOS ENVOLVENDO SUBTRAÇÃO INTERNACIONAL DE CRIANÇAS E SEUS IMPACTOS NA DIGNIDADE DA VIDA

Abstract

This work will discuss the application of the National Restorative Justice Policy as a Constitutional Policy for substantive access to justice, and its possible impacts on the dignity of life, within the scope of actions based on the Hague Convention involving international child abduction. The dissertation will answer the extent to which restorative practices can be part of the list of possibilities for addressing these conflicts. The central hypothesis of this dissertation is that restorative practices have positive impacts on the dignity of life, especially in family conflicts, which are permeated by underlying traumatic issues. Such practices establish a dialogue between victims, offenders and the community, creating an environment of horizontality for those involved to actively participate in the development of restorative agreements that meet the real needs of those involved, functioning as a public sphere, compatible with the democratic rule of law. The conclusions indicate that dialogical techniques allow, in theory, to face the issues that gave rise to the dispute, with greater cognitive depth than the traditional process, where the formal objective focus of the dispute generates an artificial stabilization of the conflict and does not address the real needs of those involved, nor underlying issues that triggered the conflict. This is a theoretical research, in which, using Karl Popper's hypothetical deductive method, we will test the central hypothesis, including through empirical research, analyzing and interpreting possible potentialities and limits of restorative practices for the transformation of conflicts and preservation of dignity of life, within the scope of actions based on the Hague Convention involving International Child Abduction.