Narración de la experiencia de adolescentes y jóvenes en conflicto con la ley, con respecto a la privación de libertad transitoria a la luz del enfoque restaurativo

Abstract

Restorative justice, truth, and reparation of harm established in the Juvenile Justice System, as a guarantee at all stages of criminal proceedings, are materialized through various programs and strategies in procedural stages of investigation and prosecution. However, it is not known how its materialization takes place at the initial stage, in which the adolescent is linked to the justice system, within the 36 hours of transitional custody. On this matter, the objective of this research was to analyze the experience of adolescents and young people who left the juvenile justice system, in regards to their participation in the framework of custody, under the light of the restorative approach. This research was done by conducting 10 semi-structured interviews, 7 of them done to young people, and 3 of them to officials, which were analyzed through the technique of critical speech analysis. The results showed that the spaces for participation are limited and passive, and likewise, that at the first stage adolescents and young people do not understand the process, nor their role in it. As a discussion, the results and what the restorative approach and social constructionism, theories that propose a reconfiguration of what crime socially represents, were put into tension. The role that adolescents and young people can play in the system, were also put into question.