Human Rights and Social Policy: legal instruments socio not punitive and democratic mechanisms

This article discusses, from the critical theory, the historical foundations of Human Rights and Social Policy, considering the characteristics of the Brazilian social formation and Latin America, and the capital's crisis context of globalized and structurally unequal societies. Analysis of the meritocratic social protection model and criminal punitive paradigm, aims to understand the historical process of incidence instruments and breeding inequality practices. As against trend, are considered new possibilities for conflict resolution, the application of restorative justice, and social participation as a guideline in the process of affirming universal and inter-sectoral policies for dealing with social phenomena produced socially.