La verdad en la justicia transicional

Truth is an element in the processes of transitional justice that allows the achievementof other elements such as justice, reparation and non-repetition. In this context,the present research seeks to establish what kind of truth is applied legally, tryingto determine if it corresponds to the so-call...

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Bibliographic Details
Main Authors: Ortega Ruiz, Luis Germán, García Miranda, Juan Pablo
Format: Article
Language:Spanish
Published: 2019
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6750430
Source:IUSTA, ISSN 1900-0448, Vol. 1, Nº. 50, 2019, pags. 39-63
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Summary: Truth is an element in the processes of transitional justice that allows the achievementof other elements such as justice, reparation and non-repetition. In this context,the present research seeks to establish what kind of truth is applied legally, tryingto determine if it corresponds to the so-called real truth or procedural truth. Onthe other hand, it tries to establish if the truth is an instrument to not forget theoccurrence of facts that are object of transitional justice or has as purpose the determinationof the quantum of repair. Therefore, the legal question to be resolved is:Is the truth in transitional justice a real or procedural one? Thus, determining whatis understood by truth and exploring how it has been studied and what modalitiesexist is the main matter of this research. The research methodology revolves aroundthe qualitative approach, emphasizing the concepts about truth that have beenelaborated by diverse authors, and from those we will try to determine what truthhas been used. The descriptive part of this research also analyzes the functioningof some institutions that are part of the Colombian peace processes advanced withthe Farc-EP. By way of example, truth commissions.