ADOLESCENTES E INFRAÇÃO: JUSTIÇA RESTAURATIVA COMO PROMOÇÃO DA RESPONSABILIDADE

2020 ◽  
Vol 8 (2) ◽  
pp. 11-21
Author(s):  
Clovis Demarchi ◽  
Eduardo Augusto Fernandes ◽  
Matheus José Vequi

O objetivo do texto é analisar a aplicação da justiça restaurativa como instrumento para promoção da justiça e segurança em infrações cometidas por de adolescentes.  A Justiça restaurativa oportuniza para o infrator a chance de perceber e ressignificar sua ação danosa, possibilitando a transformação de seus atos e a vivencia de uma nova realidade. Dentre as medidas socioeducativas aplicadas aos adolescentes infratores, a internação deveria ser medida excepcional, no entanto é a que possui maior aplicação. No caso de internação, a maioria dos adolescentes não recebem um tratamento adequado pois o modelo aplicado segue os parâmetros da justiça retributiva. A técnica de pesquisa foi a coleta de informações bibliográfica e legislativa, sendo que as ideias foram expressas e organizadas pela base lógica indutiva. Observou-se ao final que a justiça restaurativa apresenta potencial para modificar o atual modelo de justiça aplicado aos adolescentes infratores, na medida em que, além da punição, visa reparar o dano causado. Pela Justiça restaurativa busca-se, além da resolução e alcance da justiça, um caminho de efetividade, tanto para a vítima, quanto para o infrator. Palavras-chave: Justiça restaurativa; Adolescentes infratores; Responsabilidade. ABSTRACT: The objective of the text is to analyze the application of restorative justice as an instrument to promote justice and security in infractions committed by adolescents. Restorative justice gives the offender the chance to perceive and reframe his harmful action, enabling the transformation of his acts and the experience of a new reality. Among the socio-educational measures applied to adolescent offenders, detention should be an exceptional measure, however it is the one with the greatest application. In the case of detention, most adolescents do not receive adequate treatment because the model applied follows the parameters of retributive justice. The research technique was the collection of bibliographic and legislative information, and the ideas were expressed and organized by the inductive logical basis. At the end, it was observed that restorative justice has the potential to modify the current model of justice applied to adolescent offenders, in that, in addition to punishment, it aims to repair the damage caused. Restorative justice seeks, in addition to the resolution and scope of justice, a path of effectiveness, both for the victim and for the offender. Keywords: Restorative justice; Adolescent offenders; Responsibility.

Author(s):  
Emma Charlene Lubaale

South African courts, in at least two reported cases, have dealt with restorative justice (RJ) in sentencing offenders (i.e. State v. Thabethe (Thabethe case); State v. Seedat (Seedat case)). In both of these cases, the Supreme Court of Appeal rejected the notion of RJ in its entirety, with the presiding judges ‘[cautioning] seriously against the use of restorative justice as a sentence for serious offences.’ However, in countries such as New Zealand, courts have handed down custodial sentences in cases of serious offences while giving due regard to RJ at the same time. The purpose of this article is to highlight some of the strategies that New Zealand courts have invoked to ensure that a balance is struck between retributive justice and RJ. On the basis of this analysis, a conclusion is drawn that RJ can play a role in criminal matters by having it reflect through reduced sentences. With such a strategy, courts can strike a balance between the clear and powerful need for a denunciating sentence on the one hand and RJ on the other.


2021 ◽  
Vol 5 (2) ◽  
pp. 13
Author(s):  
Kaspar A. Schindler ◽  
Tobias Nef ◽  
Maxime O. Baud ◽  
Athina Tzovara ◽  
Gürkan Yilmaz ◽  
...  

Neurology is focused on a model where patients receive their care through repeated visits to clinics and doctor’s offices. Diagnostic tests often require expensive and specialized equipment that are only available in clinics. However, this current model has significant drawbacks. First, diagnostic tests, such as daytime EEG and sleep studies, occur under artificial conditions in the clinic, which may mask or wrongly emphasize clinically important features. Second, early detection and high-quality management of chronic neurological disorders require repeat measurements to accurately capture the dynamics of the disease process, which is impractical to execute in the clinic for economical and logistical reasons. Third, clinic visits remain inaccessible to many patients due to geographical and economical circumstances. Fourth, global disruptions to daily life, such as the one caused by COVID-19, can seriously harm patients if access to in-person clinical visits for diagnostic and treatment purposes is throttled. Thus, translating diagnostic and treatment procedures to patients’ homes will convey multiple substantial benefits and has the potential to substantially improve clinical outcomes while reducing cost. NeuroTec was founded to accelerate the re-imagining of neurology and to promote the convergence of technological, scientific, medical and societal processes. The goal is to identify and validate new digital biomarkers that can close the last mile in neurology by enabling the translation of personalized diagnostics and therapeutic interventions from the clinic to the patient’s home.


Author(s):  
J R Martin

This paper is concerned with identity and how it can be modelled in SFL, with special reference to the roles played by young offenders in Australia's youth justice conferences. These conferences function as a restorative justice alternative to courtroom-based retributive justice. It is proposed that a hierarchy of individuation be established, alongside and complementing realisation and instantiation, responsible for users of language, the ways in which semiotic resources are allocated to them, and the ways in which they use these resources to form social groups. This hierarchy is briefly explored in relation to teenage identity.


Author(s):  
Joanna R. Quinn

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.


2020 ◽  
Vol 64 (9) ◽  
pp. 1754-1788
Author(s):  
Hema Preya Selvanathan ◽  
Bernhard Leidner

People on both sides of an intergroup conflict undertake various forms of collective action to seek justice for their own group. Three studies investigated whether modes of ingroup identification promoted distinct preferences for justice, which subsequently shaped the form of collective action people supported. Among Arab (Study 1, n = 148) and Jewish Israelis (Study 2, n = 294), we found that ingroup glorification promoted a desire for retributive justice, which predicted support for nonnormative collective action, whereas ingroup attachment promoted a desire for restorative justice, which predicted support for normative collective action. Further, during a period of conflict escalation (i.e., Palestinian protests at the Gaza Strip), emphasizing retributive or restorative justice produced differential effects on the links from glorification and attachment to nonnormative and normative collective action (Study 3, n = 546). This research advances our understanding of when and how collective action can escalate intergroup conflict.


2017 ◽  
Vol 5 (1) ◽  
pp. 79
Author(s):  
Maurice Asuquo ◽  
Victor Nwagbara ◽  
Martin Nnoli ◽  
John Ashindoitiang ◽  
Theophilus Ugbem ◽  
...  

Neurofibrosarcoma is a malignancy that occurs more frequently in patients with neurofibromatosis- 1 (NF- 1) and rarely may arise independently. This is a presentation of 3 consecutive patients with histologic diagnosis of neurofibrosarcoma who presented to the University of Calabar Teaching Hospital, Calabar from 2011-2013. Two patients presented were associated with NF-1 and were a decade younger than the one without NF-1. Late presentation and poor follow up were notable underlying factors. Long term follow up of patients with NF -1 for early diagnosis and adequate treatment will improve outcome.


Fluids ◽  
2020 ◽  
Vol 5 (4) ◽  
pp. 199
Author(s):  
Yong G. Lai ◽  
Han Sang Kim

The near-shore and estuary environment is characterized by complex natural processes. A prominent feature is the wind-generated waves, which transfer energy and lead to various phenomena not observed where the hydrodynamics is dictated only by currents. Over the past several decades, numerical models have been developed to predict the wave and current state and their interactions. Most models, however, have relied on the two-model approach in which the wave model is developed independently of the current model and the two are coupled together through a separate steering module. In this study, a new wave model is developed and embedded in an existing two-dimensional (2D) depth-integrated current model, SRH-2D. The work leads to a new wave–current model based on the one-model approach. The physical processes of the new wave model are based on the latest third-generation formulation in which the spectral wave action balance equation is solved so that the spectrum shape is not pre-imposed and the non-linear effects are not parameterized. New contributions of the present study lie primarily in the numerical method adopted, which include: (a) a new operator-splitting method that allows an implicit solution of the wave action equation in the geographical space; (b) mixed finite volume and finite difference method; (c) unstructured polygonal mesh in the geographical space; and (d) a single mesh for both the wave and current models that paves the way for the use of the one-model approach. An advantage of the present model is that the propagation of waves from deep water to shallow water in near-shore and the interaction between waves and river inflows may be carried out seamlessly. Tedious interpolations and the so-called multi-model steering operation adopted by many existing models are avoided. As a result, the underlying interpolation errors and information loss due to matching between two meshes are avoided, leading to an increased computational efficiency and accuracy. The new wave model is developed and verified using a number of cases. The verified near-shore wave processes include wave shoaling, refraction, wave breaking and diffraction. The predicted model results compare well with the analytical solution or measured data for all cases.


2020 ◽  
Vol 25 (2) ◽  
pp. 197-204
Author(s):  
Eric Hoekstra

Abstract Frequency and arm-chair linguistics. A Frisian linguist looks back on Dutch Linguistics and on himselfIn this contribution I focus on a paper written by Maarten Lemmens on progressive constructions, which appeared in Dutch Linguistics (2015). This paper illustrates the usefulness of frequency in linguistic research convincingly. Additionally I discuss the tension within generative grammar between vision on the one hand and a methodologically adequate treatment of data on the other hand. Finally, I look back on my own activities as a linguist, presenting some personal thoughts about the question what the usefulness is of mediocrity.


Sign in / Sign up

Export Citation Format

Share Document