Revisión de los fundamentos teóricos y científicos asociados a la Justicia Restaurativa en el contexto Colombiano

Abstract

Restorative Justice is a more humane way of doing justice, which serves people affected by crime by focusing on compensation and non-repetition of the crime, and ensures that someone takes responsibility for the damage caused. However, this methodology has presented ambiguous concepts, disconcerting epistemological components and scarce public dissemination, that the objective of the present study is to determine the academic and theoretical foundations of Restorative Justice that predominate in publications in the Colombian context, in the last five years. Its methodology is a type of documentary research, which corresponds to the collection and selection of scientific and academic articles indexed in databases, using systematic design and Qualitative Textual Data Analysis (QTDA). The results were organised along three axes of enquiry: basic concepts, restorative justice and differences., and applications of restorative justice, which allowed to analyse that the definition of restorative justice is associated with the encounter between victim-victimizer, reparation and forgiveness and reconciliation, its differences are rooted in the penal sphere and it is highlighted that restorative justice is applied more frequently in the System of Penal Responsibility for Adolescents (SRPA), while the role of the psychologist is limited leaving aside the victims of domestic violence and the Penal System for Adults. It is concluded that restorative justice is based on an emotional component, characterised by values such as respect and forgiveness, through empathic dialogue.