Resumo

AGUIRRE-AGUIRRE, Jhon Edier. Victimizer: the unknown victim of the Colombian armed conflict. Analysis of its reparation regarding the principle of equality. Rev. Derecho Estado [online]. 2019, n.43, pp.291-320. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n43.11.

This research article is descriptive, documentary and jurisprudential analysis. It seeks to respond to the problematic situation in which the same subject has the victim-victimizer quality, that is to say, a victim of forced recruitment being a minor and, in turn, a demobilized offender when he/she is of legal age, in the context of the peace agreements signed by the Colombian government and the FARC-EP, taking as normative basis the Law 1448 of 2011. To answer the question, the categories of victim and victimizer were theoretically and conceptually analyzed, continuing with the construction of a category independent, called victim-victimizer. We reviewed doctrine and jurisprudence in relation to the principle of equality, specifying it in the proportionality trial in relation to those minors who were recruited and incorporated into the ranks of an armed group outside the law but who demobilized being minors. age, which, according to Law 1448, have the status of victims, in contrast to those who demobilized when they were of legal age and who, for this reason, in accordance with the same regulations, lose the status of victims. Based on an analysis of the mechanisms of reparation to the victims of the Colombian armed conflict, it concludes with mediate authorship as a solution to the link between the victim-victimizer in the reparation process to the victims of the armed conflict.

Palavras-chave : Victim; Offender; Equality Principle; Mediation and Reparation.

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