Starting from the need of finding alternatives to the current justice system, the following article seeks to give voice to one of the proposals which has been gaining strength worldwide in the legal scenario: the Restorative Justice. Thus, this article explores this proposal by promoting a critical analysis based on authors of psychoanalysis (freudian - lacanian) as well as authors of Philosophy (F. Ost and J. Derrida). Through the Restorative Justice it is possible to question the power of the word flow which is a characteristic that promotes the tension between psychoanalysis and Law. Moreover, the issues of “Law” and “Laws”, the performativity of the capacity of speech, the position of the judge, the experience of the restorative encounter and the function of utopias are the main ideas that are part of this analysis. More focused on the possibility of announcing questions about such new proposal in the Brazilian context than finding satisfactory answers, the article places several conclusions on hold, however assuming the important utopian function of the Restorative Justice.
Criminal Law; Psychoanalysis and law; Philosophy; Justice