Entre normas y sociedad: fundamentos para una teoría de la justicia transicional.

Abstract

This study offers a comprehensive reflection on transitional justice, ranging from a historical genealogy to theoretical and constitutional contributions. Transitional justice is defined as a set of judicial and extrajudicial mechanisms aimed at reconciliation and peace following mass human rights violations. The first chapter traces its roots from Antiquity through the nineteenth century, demonstrating how it has evolved according to each context. The second chapter details its four pillars: access to justice, truth, reparation, and guarantees of non-recurrence. The third chapter applies field theory to the study of transitional justice, treating it as a legal field and broadening its focus to include social, economic, and cultural rights. The fourth chapter revisits its immediate objectives (recognition and citizenship) and ultimate goals (reconciliation and democratization) in the effort to build a theory of transitional justice. The fifth chapter incorporates constitutional guarantism—as both a positive and negative limit on power—and the rigidity of the Constitution as a safeguard of fundamental rights, contributing to the strengthening of a theory of transitional justice. Finally, the work underscores the need to interpret these instruments socially, in light of their potential to build democratic societies at peace.