Abstract

VALDERRAMA-BEDOYA, Francisco Javier  and  ORTIZ-AGUDELO, Marvin Octavio. Transitional justice: the notion of justice in the Colombian transition. Opin. jurid. [online]. 2017, vol.16, n.32, pp.245-266. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n32a11.

If transitional justice is the most effective mechanism to legally apply to the end of the internal armed conflict between the Colombian State and the Revolutionary Armed Forces of Colombia (FARC) will be considered, having as a reference several conceptions of justice studied throughout history and how some of them served as references for some war cases resolved by international tribunals. How transitional justice should be understood by those interested in overcoming a conflict and thus allow the transition to a better coexistence in Colombia will be analyzed. This led us to study whether this term is a sui generis and autonomous concept of justice, an idea of justice that is framed within another concept of the fair or, finally, whether transitional justice is a syncretic concept, where various ideas of justice converge. In Colombia, transitional justice is a synonym of a transitional evolutionary alternative to solve a specific problem. Colombian transitional justice is not a permanent legal mechanism, it is an innovative transitional instrument helping to evolve the application of law to solve a problem: the internal armed conflict experience for more than 50 years. It concludes that transitional justice is composed by several ideas of justice complementing each other dealing with social reality and providing a theoretical horizon for achieving a social transition to reconciliation.

Keywords : Justice; transitional justice; coexistence; peace.

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