restitutivas

Restitutivas refers to measures or remedies whose primary aim is to restore the situation that existed before a harm or violation. The term is used in civil, administrative, and criminal law within Portuguese-speaking jurisdictions, and it is often connected to the idea of restoring rights, property, or conditions to their prior state. Etymologically, it derives from Latin restitutio, meaning restoration or rebuilding.

In civil law, restitutive remedies seek to return what was lost or damaged, restore the rights of the affected party, or place the parties back in the position they held before the injury. Common forms include restitution in integrum (restoration of the status quo), return of property or its equivalent value, and repair of damages or replacement of goods. These measures focus on undoing the harm rather than awarding punitive sanctions.

In the context of restorative justice, restitutivas emphasize repairing the harm caused by wrongdoing through processes that involve victims, offenders, and the community. Practices may include facilitated dialogues, apologies, restitution payments, and community service. The goal is to acknowledge responsibility, repair relationships, and promote reintegration, rather than to punish.

The availability and design of restitutive measures vary by jurisdiction and legal tradition. They are typically used alongside, or instead of, punitive or compensatory remedies, depending on factors such as the severity of harm, consent of involved parties, and the legal framework governing the case.