Restorative justice and disciplinary administrative law: The case of the Brazilian state

Abstract

AbstractIn Brazil, conflicts involving public servants are governed by the standards of disciplinary administrative law, which is inspired by the retributive criminal law model. However, new possibilities (for instance, restorative justice [RJ] applications) may positively contribute to the settling of controversies. This article aims to describe the restorative justice approach within the administrative disciplinary context of the Executive Branch of the State of Goiás. The study has a qualitative nature and is characterized by exploratory‐descriptive research. The method consists of a case study carried out in the Comptroller General of the State. The results point to a state move toward the adoption of consensual dispute resolution methods in the public sphere aimed particularly at public servants, with initiatives conducted by the Office of the State Controller General of Goiás (CGE), such as pilot projects consisting of: restorative circles and the institution of Law No. 21.631/2022 (labor mediation). Specifically with respect to disciplinary offenses, RJ is not instituted, but it is one of the motivators for the materialization of RJ measures in the workplace. The present study involving the theme of RJ and Disciplinary Administrative Law is unprecedented in Brazil. Motivators were identified for the implementation of restorative practices in the workplace and the identification of the process needed to change states to implement the characteristics of a restorative paradigm, culminating in the institution of mediation processes and other RJ interventions.