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Brief reflection about restorative justice 2011 by the light of the Portuguese legislation.

Cardona Ferreira, Jaime Octavio
June 4, 2015

Source: (2012) Revista Forumul Judechtorilor. 133(1):133-138.

Natural and final goal of socialjustice is to achieve peace andjustice. Any violation
of social rules, and especially the criminal standards, harms not only specific
individuals,, but society itself. Restorative justice is required to bring social peace, to
balance the relations between victim and the person responsible for the injury. Accordin
to the author, although this type ofjustice should not be limited to criminal conflicts,
however, in this las tarea, we can get good results through mediation. Mediation is not
a substitute for jurisdiction, but a way of resolving the conflicts and especially of
cooperation between victim and aggressor, because agreement can not inflict custodial
sanctions, but impose only duties that are non-arbitrary , non-disproportionate and
mutually accepted and, following validation by the court, become legally binding. Of
course, not every conflict is suitable for mediation, for serious offenses not being
acceptabale a consensual solution. (excerpt)


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