Resumo

RUA DELGADO, Carlos Felipe; DUARTE MOLINA, Tirson Mauricio  e  GOMEZ MORALES, Luis Felipe. Submission Scenarios to the Special Jurisdiction for Peace for People Excluded from Ley de Justicia y Paz: Fields of Application Disquisition. Opin. jurid. [online]. 2018, vol.17, n.spe35, pp.117-146. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v17n35a5.

The first transitional justice attempt in Colombia was the Ley the Justicia y Paz (Law of Justice and Peace Law, Law 975 of 2005), as a result of the Ralito Agreement between the Autodefensas Unidas de Colombia and the Colombian government. Later on, with the issuance of Law 1592 of 2012, a possibility arose for excluding members who did not meet the conditions established in the Ley the Justicia y Paz or who did not comply with the commitments acquired by submitting to that legislation, and for them to continue being investigated and judged with the ordinary jurisdiction. As a result of the Peace Agreement between the Fuerzas Armadas Revolucionarias de Colombia (FARC-EP) and the Colombian government, the Special Jurisdiction for Peace (JEP) was founded, through which crimes committed during the armed conflict will be judged. This paper intends to evaluate the possibility for ex-combatants of paramilitary groups who, having applied for the Ley the Justicia y Paz and who were excluded for not fulfilling some of the requirements or for not having complied with their commitments, may submit to the JEP. The evaluation is done by constructing scenarios with iconic cases of former paramilitaries excluded from the the Ley the Justicia y Paz.

Palavras-chave : transitional justice; Ley de Justicia y Paz; Special Jurisdiction for Peace; exclusion.

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