Transitional justice, passage from chaos to democracy. Restorative justice, its badge? [Justicia transicional, paso del caos a la democracia. Justicia restaurativa, ¿su insignia?]
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Departamento de Literatura Espanola-Universidad de Sevilla
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Transitional justice and restorative justice, which have international standards already outlined, at least in their multidimensional concept, are typical of complex, diverse, mobile, and significant societies, but they do not fit in Colombian society, which insists on static, Hobbesian, traditional, and morally monistic institutions, and structures. According to studies published in May 2021, today Colombia has an important level of impunity and one of the highest rates of organized crime on the planet. The criminal procedural law and the 2016 Peace Agreement established restorative justice, but the modality of transitional justice that is applied is the retributive one. It was possible to demonstrate in this study that aphorisms such as “Transitional justice, it is the passage from chaos to democracy” or “Restorative justice, is a hallmark of transitional justice,” are not absolute to apply. The research reveals that an ontological and epistemological turn must be made to invigorate the dominant traditional structures with the new social, political, and legal trends. © 2024 Departamento de Literatura Espanola-Universidad de Sevilla. All rights reserved.
Palabras clave
Law, Paradigm, Peace, Process, Restorative justice, Transitional justice, Law, Paradigm, Peace, Process, Restorative justice, Transitional justice