Bring together people who deal daily with stories of pain, conflict and violence to talk about care, listening and rebuilding of bonds. With this commitment, the Court of Justice of the State of Tocantins (TJTO), through the Permanent Center for Consensual Methods of Conflict Resolution (Nupemec), and the Superior School of the Judges of the State of Tocantins (Esmat) held on Thursday (Dec 4th), the V Meeting of Restorative Facilitators of the Judiciary of the state of Tocantins.
In all, 47 restorative facilitators from all over the state of Tocantins participate in the programming, aimed at continuous training, strengthening the Restorative Justice (JR) network and articulating the experiences that have been developed in the State.
At the opening, Judge Silvana Parfieniuk, coordinator of Nupemec, highlighted the distinctive character of this edition, built exclusively for those who act directly as restorative facilitator. "Although we are already in the fifth meeting, this is the first time that we bring a closer dialogue only among the facilitators," she said. She explained that the format was designed to create a space of belonging and mutual recognition among professionals working in different regions of the state of Tocantins:
“What we want with this format is to bring together all facilitators - many even invisible one of the other, because our State is very large and it ends up dispersing people. Thus, we keep this opportunity to be, for a moment, only among people who work in the same area. What we really want is to provide more meetings of this nature, because that is what strengthens our performance, strengthens our service and enhances all our initiatives”.
Opening lecture
The opening lecture, with the theme on "Restorative Justice in dialogue with Criminal Law", was delivered virtually by Judge Antônio Dantas de Oliveira Junior, holder of the 2nd Criminal Court of the district of Araguaína. In bringing one of his recent cases as a didactic example, the magistrate pointed out that the state response through criminal law is not sufficient to account for the complexity of human conflicts.
“In many cases, mere compliance with criminal law is not enough. It is necessary to broaden the focus to get to the root causes that led the person to commit the crime, and also to understand the consequences of that act, which are harmful to society," he pointed out.
The judge then presented the relationship among violence, trauma, and feelings of insecurity as one of the central points for those working with Restorative Justice: “Today we are experiencing a major cycle of violence. At the beginning of this new millennium, hundreds of conflicts are emerging, whether in the criminal or environmental areas, on all fronts. Few people, however, talk about the relationship or correlation among trauma, security, and violence. Trauma and violence are deeply connected. In general, violence leads to trauma, and unhealed trauma, in turn, can lead to further violence and a permanent feeling of insecurity."
Comparing Restorative Justice to the classic retributive model, the judge provoked the facilitators present by asking: “How can we work for human security in these conflictive times without contributing to more violence? Does the judicial process alone contribute or not? Do criminal proceedings and incarceration contribute to more violence and trauma in an already traumatized and violent world?” When discussing the objectives of the Restorative Justice, the lecturer recalled that repairing damage is not limited to punishment.
“Restorative Justice can be a focus, it can be a tool for all this. Restorative Justice has, above all, a motto: treat the other as we would like to be treated”.
The magistrate also pointed out the limits of criminal law: "Criminal law alone is not enough to reduce violence and crime. It is just one of the tools. The penal system, as we know it, often destroys people and relationships. It is not a question of being "against the law", but of recognizing that punishment alone is not enough. We must go further and delve deeper into this issue. Justice must repair and rebuild people and relationships. Justice must assist in the reconstruction of people and bonds that have been broken by crime". Directing the speech to the present, the judge synthesized the role of those who act in facilitating restorative processes:
“The facilitator is the person whose role is to facilitate, in a fair and impartial way, the participation of people affected and involved in the restorative process. He (she) needs to know how to listen without judgment, with empathy, be a presence not anxious and able to deal with difficult stories. In the Restorative Justice, the story is of the other, not of the facilitator. Promoting rapprochement and reintegration is something complex, but necessary to break with the perpetuation of violence”.
On the occasion, the coordinator of Nupemec also drew attention to the difference between the traditional penal model and the restorative proposal. "The criminal process is often a cold and indifferent process, practically mathematical: did this, receives that. Restorative Justice is precisely this opportunity for the person to be heard and understood in their difficulties. It is a new policy, an incentive fully supported by the National Council of Justice. Today, we need to strengthen the Restorative Justice primarily in this criminal sphere," she added.
When dealing with the performance in prison environments and the duty of social reintegration, the magistrate recalled that all people deprived of liberty will return to society at some point:
“He/she has the ability to return to society, because it will return one way or another - in Brazil we do not have life imprisonment. So, if we can work and rescue at least some of them, I think we have already done a great job and achieved much success in this initiative”.
Circle of Peace: "What is your importance as a facilitator in society?”
Also in the morning programming, the participants met at the Circle of Peace with the theme on "What is your importance as a facilitator in society?”. Conducted the activity:
- Judge Luciana Costa Aglantzakis, coordinator of the Cejusc of the regions of Pedro Afonso and Itacajá;
- Pedagogue Eliene Diniz da Silva, coordinator of the project on Restorative Justice in Cejusc of the district of Araguaína;
- The legal and administrative advisor of Nupemec, Lorena da Cruz Neves Pimenta Gutierrez;
- Professor Taynã Nunes Quixabeira, from the program Paths for Protection: No more violence in schools, of the State Prosecution of Tocantins.
Around the table, facilitators were invited to present themselves, revisit their trajectories and answer the guiding question, in an environment of active listening and sharing of perceptions.
Among the reports, the facilitator Sérgio Leal Mota, from the district of Guaraí, described RJ as a way of being in the world. "I will not mention the projects because, actually, sometimes we favor one more than the other, but who participates and, in its essence, has RJ as foundation of life really sees that it is something transformative. Regardless of whether you are present or not, it is something that you use in your home, in your relationships, recognizing that we have mistakes and defects. I believe that RJ is a reflection of our work. So, we, as a human being, after recognizing this work of RJ, no longer return to be the same. After we actually participate in something, we want to hear what the person has to say, of its essence, with their feeling. And from this feeling, we try to transform the reality of another", he shared.
Practical workshops and sharing of experiences
In the afternoon, the programming will continue with four simultaneous workshops on practical experiences in the Restorative Justice at the Judiciary of the state of Tocantins, led by Taynã Quixabeira, Eliene Diniz, Luciana Aglantzakis and Lorena da Cruz, focusing on concrete cases, daily learning and challenges.
Seminar opens dialogue with society
On Friday (Dec 5th), at 9 am, the programming continues with the VI Seminar of Restorative Justice in the auditorium of the TJTO. Unlike the meeting of the facilitators, the seminar is open to the general public, and registration is free and it can be held at this link.
With a class load of 6 hours, the programming includes four lectures and a table presentation of good practices. Among the guests are magistrates from different States, who will address topics such as:
- "I See You Protocol: Prevention of violence among adolescents", with Judge Vanessa Cavalieri (TJRJ);
- "Lives in Restart: Restorative Justice against the misfutures of female incarceration," with Judge Mirella Cezar Freire (TJMA);
- "Circle of Conflicting Sentences", with Judge Sandra Magali Brito Silva Mendonça (TJBA);
- "Restorative Justice and Literature", with Judge Berenice Ferreira Silveira Nassar (TJPR).
The full programming of the seminar can be consulted clicking here.
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