Judicial Restorative Justice and Domestic Violence in Brazil: Setting Problems and Challenges from the Field

Abstract

The solution of conflicts, cases of violence and harmful offences through alternatives to the penal system has been encouraged by Brazil’s Conselho Nacional de Justiça/National Justice Council (CNJ) since 2010. However, empirical studies that assess the impact of restorative practices when applied to domestic violence cases are sparse because most of them tend to highlight the retributive model’s insufficiency compared to the restorative model. In attempt to break away from that logic, the article analyses the insertion of practices of restorative justice regarding domestic violence by examining empirical studies carried out at the Rio Grande do Sul’s Justice Court, a pioneer in the employment of restorative justice. The study shows that restorative practices for domestic violence are residual, do not disrupt the traditional model and are not understood as restorative by women. Therefore, a broad and serious discussion about the model being implemented in Brazil is needed.

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Published: 2021-12-01
Pages:146 to 157
Section:Special Issue: Policing and Preventing Gender Violence in the Global South
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How to Cite
Campos, C. H., & Oliveira, C. R. (2021). Judicial Restorative Justice and Domestic Violence in Brazil: Setting Problems and Challenges from the Field. International Journal for Crime, Justice and Social Democracy, 10(4), 146-157. https://doi.org/10.5204/ijcjsd.2015

Author Biographies

Centro Universitário Ritter dos Reis
 Brazil

Carmen Hein de Campos, is a Professor of Law. She is author of numerous papers on domestic violence against women and feminist criminology. Her most recent books are Feminist Criminology: Feminist Theory and Critique of Criminologies (Lumen Juris, 2020) and Co-Editor of Feminist Criminologies: Latin American Perspectives (Lumen Juris, 2020).

University of São Paulo
 Brazil

Cristina Rego de Oliveira is a Postdoctoral researcher at the at the Faculty of Law - University of São Paulo – USP; Ph.D. in “Law, Justice and Citizenship in the XXI Century” at the Faculty of Economics, Centre for Social Studies and Faculty of Law – University of Coimbra, Portugal (scholarship granted by CAPES Foundation between 2015-2019) and have a Master Degree in Criminal Law at the Faculty of Law – University of Coimbra, Portugal.