Author(s) Ana Catarina Maia Pontes
Advisor(s) Margarida Santos
Synopsis The Criminal Mediation seeks a solution to the criminal conflict, based on a meeting of wishes between the defendant and the victim, with the participation of a conflict mediator. Domestic violence phenomenon is a crime with particularities, mostly by the persons that contemplates. Indeed, “intimate relationships constitute inextricable entanglements of emotions in which love and hate are sometimes interpenetrated realities” (LUHMANN, 1991). In Portugal, Law No. 21/2007, of 12 June, introduced the Criminal Mediation of adults, excluding the crime of domestic violence (Article 3, paragraphs 2 and 3). The regime applicable to the prevention of domestic violence, the protection and assistance of victims (Law no. 112/2009, of 16 September) provided for the possibility of a restorative meeting (article 39). Repealed. At the international level, the Istanbul Convention prohibits alternative dispute resolution procedures (Article 48). The purpose of this work is to analyze the (in) compatibility of the realization of restorative practices in the scope of domestic violence crime, first considering, its particularities.
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