Justiça restaurativa: uma análise da experiência luso-brasileira

Abstract

The recently experience evidence classic criminal system adopted is no longer able to reach the objectives it proposed, and even the most several penalty is not able to restrain the practice of crimes. Before this scenario of uncertainties, between the decades of the 60s and 80s, the restorative justice movements gained greater visibility from Howard Zehr’s researches and great experiences in North America countries and New Zealand. International organizations, as United Nations (UN), started to recommend adoption of restorative practices as a way to guaranty the victims’ rights and the countries began to incorporate them gradually in their juridical system. Following that global tendency, Brazil and Portugal are also seeking to adapt to this change in criminal system.The present work aims to present an evolution of the application of restorative justice, not dealing with cases involving damages and especially illicit behavior, within the framework of the Portuguese-Brazilian system. Using data collected in the literature through books, scientific articles and made available by ongoing projects in both countries, an analytic study of quality was done by the restoration model and later among the forms of application in Brazil and Portugal. Lastly, it was concluded the general efficacy of restorative practices even though their applications may be change with the project and with the legal system they are inserted.