Mediação penal
: da mudança legal à mudança de mentalidades

  • Tomás António Dias Ferreira Fernandes Rodrigues (Student)

Student thesis: Master's Thesis

Abstract

This study aims to understand criminal mediation as a restorative practice, capable of contributing to and improving the legal-penal reaction to crime. It reinforces the uniqueness of the space for consensus, dialog, and active and voluntary participation offered to both the victim and the perpetrator. It proposes a deconstruction of Restorative Justice, considering its disputed conceptualization and the diversity of its many practices, to better understand what it consists of and how it interacts with the criminal justice system, its objectives, goals, and, above all, its needs. It looks at the applicability of criminal mediation in the Portuguese legal system, introduced by Law no. 21/2007, and a consequence of European Union requirements, which, after a promising start, is currently stagnating and has no prospect of a bright future. By identifying different dimensions in the complexity of a conflict, criminal mediation presents itself as a complement to a global response to crime, albeit with its own purposes and potential. Although incapable of replacing the criminal justice system in its entirety - its goals and achievements of centuries - mediation still occupies an important and, above all, unique space, which, until now, has not been given credibility. In an analysis of legal and extra-legal factors, we sought to understand the necessary change, both in the law and in mentalities, so that the potential of mediation can dare to leave the paper.
Date of Award29 Nov 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorPedro Garcia Marques (Supervisor)

Keywords

  • Restorative justice
  • Criminal mediation
  • Conflict
  • Diversity
  • Consensus
  • Complement
  • Victim
  • Offender

Designation

  • Mestrado em Direito

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