Abstract

VALAREZO, ANDRÉS CERVANTES. Punishing Our Equals: The Thought of Gargarella Applied to Transitional Justice. Rev. Derecho Estado [online]. 2021, n.49, pp.265-295.  Epub Oct 07, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n49.14.

The objective of this paper is to present the main ideas of Roberto Gargarella's thought on criminal law from the perspective of deliberative democracy and to analyze how his work dialogues with other doctrines of criminal law such as the ones defended by Luigi Ferrajoli's and Eugenio Raúl Zaffaroni. Fur thermore, the essay analyses Gargarella's position on the role of international courts in transitional justice processes and some practical consequences of his thought. To fulfill this objective, the paper uses as references his works on the case Gelman v. Uruguay (2011) and his texts on the 2016 Peace Agreement between Colombia and the FARC-EP. Finally, the paper shows how the principle of subsidiarity based on the democratic principle is a relevant contribution of Gargarella's theory and lays the groundwork for the construction of a doctrine of a national margin of appreciation in Latin America.

Keywords : Criminal law; transitions; reconciliation; conventionality control.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )