Therapeutic jurisprudence and restorative justice: an analysis from the perspective of institutional change, innovation and entrepreneurship

Abstract

The prison population as well as the number of lawsuits has grown in different countries. Moreover, the simple incarceration of individuals does not necessarily mean a solution to the causes of the penalties and normally supplementary actions are necessary for the resocialization of people involved in criminal actions. Changes and reforms have been made in the legal systems in general and in the judiciary in several countries, aiming to do justice quicker and more effective. Studies point to the importance of new way of doing justice, through Therapeutic Jurisprudence and Restorative Justice, an innovative alternative of solving judicial problems in a therapeutic and holistic way. There are few scientific studies on this movement. In this line, this article aims to describe relationships between Therapeutic Jurisprudence and Restorative Justice and the concepts of change, innovation and entrepreneurship, from the perspective of Institutional Theory. Supported by this discussion, propositions are stated to be tested in future studies.