CARVALHO, C. M.; http://lattes.cnpq.br/1664066299577295; CARVALHO, Clara Moreira.
Resumen:
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.