Abstract

MERCADO MALDONADO, Asael  and  BENAVENTE CHORRES, Hesbert. The state's role in conflict management: reform of the criminal trial in Latin America. Opin. jurid. [online]. 2010, vol.9, n.17, pp.57-70. ISSN 1692-2530.

Current reform of criminal trial in Latin America is suffering the transit of paradigm of rational state that, when exercising the punitive justice gives a meaning to the criminal trial, granting more powers to the judge, goes to the criminal justice paradigm as a framework of discussion and management of a conflict of interests resulting form a crime, in which parties -interested in solving the problem- share protagonism with the judge. In this article both paradigms and consequences resulting for the criminal trial will be developed, with the purpose of finding which one offers a better warranty and efficiency for society.

Keywords : state; criminal reform; justice; conflict; judge.

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