Justicia restaurativa como garantía de no repetición: retos y perspectivas en el marco del modelo de justicia transicional colombiano

Abstract

This research analyzes the role of restorative justice as a fundamental axis of the Colombian transitional justice model, particularly in its application within the Special Jurisdiction for Peace (JEP). From a legal, ethical and social perspective, this model does not replace traditional criminal justice; it complements it, since it incorporates truth, reparation and reconciliation as the essential aims of the Social State of Law, and therefore restorative justice as well. There is no doubt that restorative justice constitutes a valid and humane response which enables criminal justice, by placing victims at the centre of the process, to facilitate social reconciliation and the reconstruction of the social fabric, especially when it is an armed conflict. With regard to methodology, this study is grounded in a mixed-methods approach that combines verification and argumentative construction, as well as deduction, induction, and analogical analysis. These methods are applied to the analysis of the constitutional foundations and international treaties underpinning the model, the practices of the JEP, and the tensions between the JEP and retributive justice. The findings suggest that restorative interventions have, to a large extent, honored the victims. Likewise, they have promoted the acknowledgment of responsibility. Public trust in judicial institutions, particularly in the areas of institutional sustainability, public education, and the genuine and effective participation of victims, has recovered significantly. In summary, restorative justice emerges as an ethical, legal, and political imperative for cementing a firm and lasting peace. Specifically, the shift from a punishment-centered ideology toward a culture of encounter and dialogue redefines punishment, transforming it into a setting for reparation and collective learning. Thus, the Colombian experience demonstrates that reconciliation and justice, far from being opposites, constitute inextricably linked paths. Both are vital for restoring human dignity and ensuring the non-repetition of tragic events.