Resumo

PALACIOS VALENCIA, Yennesit. About transitional justice: Result of fear and crime?. Justicia [online]. 2021, vol.26, n.39, pp.173-190.  Epub 24-Maio-2021. ISSN 0124-7441.  https://doi.org/10.17081/just.26.39.4053.

Transitional justice appears as an alternative institution that demands the necessary minimums in accordance with international standards in this area. Elements that are indispensable for the transition from war to peace, given the demands of the victims of truth, justice, reparation and non-repetition measures. However, as far as the Colombian case is concerned, an attempt is made to answer the question: transitional justice process is result of fear and criminality? The objective from the previous question is to develop theoretical and epistemological elements in relation to the categories under study (fear, criminality and transitional justice), this articulated to a phenomenological-hermeneutical approach that draws on the documentary method, starting from of the theoretical contribution of law scholars, criminologists, sociologists, and philosophers, who appear in a disciplinary and transversal context, crossing the paradigm of security policies in the historicity of the armed conflict. The result of the categories addressed allows us to derive, among other things that, in Colombia, the fear and crime factors have influenced and will continue to influence the political, social and economic life of the country, given the imprecise outcome of the Special Justice for Peace. The final conclusion, in this sense is that with all the fear that may arise from this process, some part will have to give in based on what the other demands.

Palavras-chave : crime factors; crimes against human rights; danger; victim; violence.

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