La conciliación: un medio de justicia restaurativa; análisis y reflexiones de su implementación en el delito de inasistencia alimentaria en Colombia
The procedural law is part of an intangible substance that comes from its theoretical and practical nature, which is what ultimately determines the realization of the right expected by society. However, the definition of punishable conduct involves the recognition by the legal world of a series of a...
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| Format: | Article |
| Language: | Spanish |
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Universidad Pontificia Bolivariana
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3701914 |
| Source: | Revista Facultad de Derecho y Ciencias Políticas, ISSN 0120-3886, Nº. 114, 2011, pags. 11-40 |
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| Summary: |
The procedural law is part of an intangible substance that comes from its theoretical and practical nature, which is what ultimately determines the realization of the right expected by society. However, the definition of punishable conduct involves the recognition by the legal world of a series of anti values with which society does not want to coexist. Thus, by getting deeper into the offense, and particularly the one we are concerned with in this article, namely the absence of children food support, it is clear that this crime is strongly rooted in the history of the family as the basic unit of society, as well as in the food support responsibility that must fully be assumed by those required by law. Hence, the regulation of food support absence is of paramount importance to procedural law, since it implies a violation of sensitive rights that must be guaranteed by probationary law. Nevertheless, both the criminalization of conduct and the process as such reside in equidistant paths, but that can come across each other through restorative justice and, specifically, with the help of conciliation. In the middle of the process and the rule, the dispute settlement mechanisms provide a space for containment of social violence; therefore, the legal workers have to reflect on these issues and work for the correct and timely alternative solutions to conflicts. |
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