La justicia restaurativa en los casos de violencia familiar y de género

Abstract

With the entry into force of the new adversarial criminal system in Mexico, starting with the constitutional reform of 2008, alternative methods and restorative justice took a fundamental place in our criminal justice system. In this sense, currently, it seeks to achieve its implementation in a way that is effective and efficient to respond to the requirements of society in relation to a new form of justice. In cases of violence against women, many have been the efforts to generate statistical information for the study, analysis and elaboration of public policies in favor of the victims that allow attending, preventing, punishing and eliminating this type of violence. However, despite the efforts made, surveys show that, each year, there is a constant increase in cases of violence against women both in Mexico and in the world. In this sense, it is observed that there is a real need to eradicate this social problem, based on the implementation of more effective mechanisms to ensure that victims who suffer this type of violence can access justice, since the retributive justice system has proven not to be the appropriate one to solve this problem. In this context, the incorporation of restorative justice is proposed as an alternative in the solution of cases of family violence, intimate partner relationships or violence against women. The foregoing, without ignoring the concerns that have been expressed by various groups of specialists and feminists, in the sense of the differentiated impacts generated by the existing power relations in this type of case, with respect to women and that, in some way, could coerce your consent in these procedures.

With the entry into force of the new adversarial criminal system in Mexico, starting with the constitutional reform of 2008, alternative methods and restorative justice took a fundamental place in our criminal justice system. In this sense, currently, it seeks to achieve its implementation in a way that is effective and efficient to respond to the requirements of society in relation to a new form of justice. In cases of violence against women, many have been the efforts to generate statistical information for the study, analysis and elaboration of public policies in favor of the victims that allow attending, preventing, punishing and eliminating this type of violence. However, despite the efforts made, surveys show that, each year, there is a constant increase in cases of violence against women both in Mexico and in the world. In this sense, it is observed that there is a real need to eradicate this social problem, based on the implementation of more effective mechanisms to ensure that victims who suffer this type of violence can access justice, since the retributive justice system has proven not to be the appropriate one to solve this problem. In this context, the incorporation of restorative justice is proposed as an alternative in the solution of cases of family violence, intimate partner relationships or violence against women. The foregoing, without ignoring the concerns that have been expressed by various groups of specialists and feminists, in the sense of the differentiated impacts generated by the existing power relations in this type of case, with respect to women and that, in some way, could coerce your consent in these procedures. Con la entrada en vigor del nuevo sistema penal acusatorio en México, a partir de la reforma constitucional de 2008, los métodos alternos y la justicia restaurativa tomaron un lugar fundamental en nuestro sistema de justicia penal.