Tomada de decisão por medidas restaurativas no âmbito tutelar educativo

: perceção dos magistrados

Abstract

The overall purpose of this study is to understand the decision-making process by restorative measures within juvenile justice system. Using a sample of six magistrates with experience (past or present) in the educational tutelary system, we accede to their perspectives on restorative measures. The results show that, from the perspective of magistrates, all the law educational tutelary is restorative, including non-institutional tutelary measures. However, contrary to the argument that "all parties" involved in a conflict shall be included in restorative practices (Marshall, 1996), the judges are centered on young offender to the detriment the victim when addressing the tutorial educational processes and its dimension restorative. It is the young offender that magistrates give more advantages in the application of restorative measures and decision-making criteria in this area also focus is on the offender, and the type of crime, age and family dynamics of the young offender criteria more consensually appointed by the magistrates.

Date of Award	21 Jul 2016
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Raquel Matos (Supervisor)