Cursos / 1º Ciclo / Faculty of Law :: Criminology

Versao Portuguesa

JUSTIÇA RESTAURATIVA E MEDIAÇÃO - 2023/2024

2º curricular year
Semestralidade: 2nd semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutora Margarida Santos
Assistant Professor: Prof. Doutora Margarida Santos

Class type and School hours

Orientação Tutorial : 1 Horas
Prática : 1 Horas
Teórica : 2 Horas

Teaching Language

Portuguese

Main Aims/Objectives

The UC´s main objectives are to introduce students to i) the field of restorative justice and mediation in criminal matters, namely its foundations, theoretical and practical developments and its institutionalization; ii) the Portuguese experience, namely the adoption of mediation in criminal matters.

Specific Aims/Objectives

Students are expected to be able to:
-Identify the central theoretical perspectives and practices that characterize the field of RJ, and its developments at an international level
-Situate victim-offender mediation within the framework of JR;
-Understand the PM processes and the mediator´s basic skills.
-Know the legal framework of MP in Portugal and its application
-Develop a reasoned critical approach to JR, its foundations, institutionalization and results

Skills to be acquired

- At the end of the UC, students are expected to have developed:
- Skills in analyzing and discussing relevant scientific literature.
- Basic skills of mediation in criminal matters

Teaching Procedures

In the lecture classes it will be developed, explored and discussed the programmatic topics.
The practical and tutorial classes, through the use of eliciting techniques, provide the opportunity
to consolidate and apply theoretical and methodological knowledge.

Programme

1. Restorative Justice:
2.1. Definition, assumptions, principles and objectives of restorative justice
2.2. Emergency conditions and contemporary restorative justice developments
2.3. Models, practices and fields of application
2.4. International law instruments
2.5 JR, Criminal Justice and Criminal Policy
3. Criminal Mediation
3.1.Mediation as an alternative form of dispute resolution
3.2. Victim-offender mediation: principles, purposes and process
4- Criminal mediation in the Portuguese legal system.
4.1. Background and conditions
4.2. Law n.º21/2007 of 12 June and the criminal mediation system
5. JR and mediation in the context of criminal justice: critical perspectives and debates.
6. Empirical research on JR

Evaluation Type

Two written tests

Teaching Resources

Scientific publications and other materials provided or recommended to the students

Sustainability Objectives

Keywords

Restorative Justice
Restorative Practices
Mediation
Purposes of the penalties (Sentencing)

Main Bibliography

Author Johnstone, G. (Ed.); Van Ness, D. (Ed.)
Title Handbook of Restorative Justice
Editor Willan Publishing
Year 2007
Author Aertsen, Ivo (Ed.); Pali, Brunilda (Ed.)
Title Critical Restorative Justice
Editor Hart Publishing
Year 2017
Author Santos, Cláudia
Title A Justiça Restaurativa
Place Coimbra
Editor Coimbra Editora
Year 2014

Complementary Bibliography

Author Leite, André
Title A Mediação Penal de Adultos Um Novo «Paradigma» de
Author Umbreit, M.
Title The Handbook of Victim Offender Mediation: An Esse