Violência doméstica e justiça restaurativa

: mediação penal

Abstract

Domestic Violence is a transverse phenomenon in the society that occurs in different social settings, and that has been present in society throughout the times. The criminalization of this practice is a consequence of the State’s legal and moral duty to protect the frail ones. In this sense, the Portuguese legal order classifies Domestic Violence (art. 152 of the Penal Code) as a public crime, represents a severe violation of human rights. Accordingly, it has implemented victim´s protection measures, which are not the most effective or satisfying when applied to certain cases. Hence, there is a need to resort to other conflict resolution alternatives. Restorative Justice, in the international context, arises in the form of criminal mediation with the purpose of tackling the inefficiency of the traditional justice system. Thus, it promotes the active participation of citizens and attributes greater importance to the victim, whose position in the process is, most times, forgotten, since the latter is more directed towards punishing the offender. The aim of this thesis is to introduce Criminal Mediation as an alternative to the traditional justice system and as a possible solution to the conflict, in cases of domestic violence.

Date of Award	24 Jan 2018
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)