Vídeo del informe final del proyecto de investigación Debates contemporáneos en la administración de justicia penal en los albores del posconflicto colombiano V

Abstract

This project, in its fifth stage of development, deals with investigating the predominance of Criminal Law as the main resource to confront the behavior of the agents of armed violence that it faces in Colombia and the irruption of restorative practices as alternatives in the penal system. . In this way, certain actors in society require that the State intervene in the face of crime and request that the highest penalties be established and that they be imposed on those who are perpetrators and participants in crimes, but these are crimes of traditional delinquency. , all according to the central idea that only the most extreme penalties represent true justice for the victims. This limited perspective makes the transgression of the principles of democratic criminal law invisible and turns it into an instrument of revenge. This punitive vision materializes in the Colombian case, in the sanctions that are established in the Final Agreement signed between the Colombian State and the FARC-EP, and that some sectors of society do not accept because they do not establish the imposition of custodial sentences. mandatory freedom. The purpose of this stage of the investigative process is to continue the investigations into the contradiction between the bases and limits of democratic criminal law in relation to the requirements made by social agents, among which are the victims of the armed conflict, to the JEP to that deprivations of liberty be imposed as the exclusive way to achieve truth, justice and reparation. The research will be carried out on the Colombian case, focusing on the implementation of the JEP's powers, having as transversal axes of observation the claims of certain social agents in the fight against impunity, and the demand for action by the ICC due to an apparent situation of impunity.