过渡时期司法,一个悬而未决的问题

Maria Elena Pineda Solorio, Magdalena Vega Campos
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摘要

本文以描述性、批判性和分析性的方法,介绍了与过渡时期司法有关的重要方面,过渡时期司 法是墨西哥法律中促进社会发展的一个待定主题,该方法涉及研究设计、对问题的批判性观察以 及对信息来源的分析,将在当代墨西哥政治局势的背景下对该主题进行研究。在传统司法和法律理论的基础上,以多元化的视角提出了几个相关主题,目的是揭示这种司法模式在我国是如何运作的,以及在何种标准下运作。第一个主题是 "过渡时期司法 "的定义、在墨西哥法律中适用该定义的普遍需要,以及 当前对其发展的有用性的概述,以建立一个演绎性参考框架,使我们能够阐明国家生活中的现 状。随后,我们将简明扼要地介绍过渡时期司法所涉及的问题,以及所提出的方法论解决方案和解决其研究问题的主要理论方法。然后,揭示了有关当今我国过渡时期司法的主题。通过这种方式,将揭示得出结论的必要问题:过渡时期司法介于以下两派之间:一派基于意识形态观念反对过渡时期司法,另一派则将过渡时期司法作为实施或巩固长期意识形态项目的手段。过渡时期司法成为在正义与和平之间建立联系的工具,在受害者和犯罪者之间建立平等,并形成补偿和社会和解的方案。
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Transitional justice, a pending subject
This article shows important aspects that have to do with Transitional Justice as a pending subject in Mexican Law for social development with a descriptive, critical and analytical methodology that refers to the design of the research, critical observation of problems and analysis of sources of information that will be carried out on the topic in the context of the contemporary Mexican political situation. Several relevant topics are presented with a pluralistic perspective based on traditional justice and the theory of law, with the purpose of exposing how this model of justice works and under what criteria in our country. The first topic is the definition of Transitional Justice, the prevailing need to apply it in Mexican law as well as a current overview of the usefulness of its development to establish a deductive reference framework that allows us to elucidate what the current situation is like. in the life of the nation. Following this, there is a brief and concise contribution on the problems involved in Transitional Justice, as well as the methodological solutions that are presented, as well as the main theoretical approaches to address its study. The way is then clear to expose the topic regarding transitional justice in our country today. In this way, the necessary issues to conclude will be exposed: Transitional justice is located between those who fight against it based on an ideological conception and, on the other side, those who adopt it as a means to implement or consolidate an ideological project of longer range. Transitional justice becomes a tool to generate a connection between justice and peace, generating equality between victims and perpetrators and forming scenarios of compensation and social reconciliation.
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