“Querem um acordo? Uma renúncia?”: sentidos de justiça, resolução de conflitos e (não) produção de consensos nos juizados especiais criminais

Abstract

In this thesis I aim to understand the practices and representations referring to the Special Criminal Courts. Due to this, I bring favourable and critical arguments for the institution named Criminal Business Justice, specifically in Brazil. I also draw a reflection on the interpretations regarding the conflict and the production of consensus in Brazilian’s political culture. Empirically, I analyse the situational ways of deciding, reconciling and conducting audiences. These ways may vary according to the conflicts, the parties involved and the representations of the institutional actors related to this context and the functions of the courts. At the same time, I bring reflections on the meanings of justice that guide the actions of these actors. Due to this diapason, it was possible to conclude that issues related to ritual practices do not develop the communicative aspect which structures the vocation of the Special Criminal Courts. There are hearings which tend to prioritize waivers of the procedure, and reconciliations and transactions that happen are not always satisfactory for establishing a dialogue and harmonizing the social fabric. This study was developed through a direct observation of the conciliation hearings at the Special Criminal Court in Rio de Janeiro, Brazil; interviews with conciliators, also with parties to the proceedings, with judges and prosecutors.