Penal mediation: Insertion of alternative means of conflict resolution

Abstract:

The paper is the result of the thesis conclusion of my pos graduation in “conflict management and mediation”. As objectives: 1) to understand mediation and its framework in the context of a national criminal justice of proximity, therefore, restorative. Part of an empiric-documental analysis to evaluate the satisfaction of mediation in the Portuguese justice system (Law nº 21/2007), and the expectations generated by the parties. If limitative, by generating inequality in the application of the penalty. 2) The relevance of the “new” professional/mediator as an agent of the process of reducing bureaucracy/judicialization and the ability of the parties to participate in mediation sessions. 3) Analysis of the course of the “traditional” justice to the restorative one, of the trivialization of criminal justice socially worn out and incapable. To conclude that, the mediation as an alternative form of understanding and resolving conflicts, even though in can produce different degree of satisfaction of the parties involved.

Keywords:
Restorative justice; Conflict; Penal mediation; Social rights