Abstract

ORTIZ AGUDELO, Marvin Octavio. Proportionality as an interpretative method of transitional justice. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2018, vol.48, n.129, pp.507-548. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v48n129.a09.

Transitional justice is a mechanism aimed at solving a conflict that has generated serious violations of human rights and international humanitarian law. Transitional justice presents a dilemma between the need to live peace and the need to achieve justice. Peace and justice, as human rights, are norms that seek an ideal realization, so before the claim to make several of them in the same case they come into conflict. Given the impossibility of dispensing with peace or justice, both rights must be interpreted and applied in the most optimal manner allowed by the circumstances. Due to the need to overcome the conflict, this problem requires a pressing solution to unite the interests of citizens and allow reconciliation. For example, in Colombia society is manifestly divided between peace and justice. Proportionality offers a suitable interpretive resource to this obstacle, as it is a method that addresses the context and seeks the idyllic and optimal realization of human rights. So its use for the study of transitional mechanisms is imperative in order to allow the realization of peace and justice.

Keywords : Transitional justice; interpretation; proportionality; justice; peace; human rights.

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