The legal challenge of transcending retributive justice and incorporating restorative justice in Mexico.

Authors

  • Saul Adolfo Lamas Meza
  • Adrián Joaquín Miranda Camarena

DOI:

https://doi.org/10.32870/rjj.v1i2.88

Keywords:

Alternative justice, restora- tive paradigm, alternative mechanisms, accusatory criminal system

Abstract

Our current society has reached alarming parameters of violence, crime has progressively permeated in society, a situation that has become a great challenge for the State and its government apparatus. Due to this conjunctural context in 2008 a change in the way of conceiving criminal procedural law materialized in Mexico, the Mexican Constitution was amended in multiple numerals to erect a model of an accusatory court, thereby abandoning the once traditional inquisitive system; The ontological reason for this new procedural machinery sought to streamline the criminal process, making its operations more efficient and making it more secure, therefore, to help with this purpose, the Magna Carta also incorporated Alternative Justice and its dispute resolution mechanisms, figures that do succeed in establish themselves with operational autonomy and with a solid organic structure, will give way to the genuine implementation of the restorative penal model in Mexico as an emerging paradigm.

Published

2021-07-30