The disuse of the guardianship figure for adolescents and the incorporation of juvenile penal restorative
DOI:
https://doi.org/10.35487/rius.v17i52.2023.932Abstract
The purpose of this work is to analyze from a cons- tructivist methodology and the systemic evolutionary process that juvenile criminal restorative justice has had in our country, the vicissitudes and challenges it has faced, as well as the process of implementation, development and legal consolidation that has had in recent years. The context and conjunctural climate that encouraged the creation of the Comprehensive Criminal Justice System for Adolescents in Mexico and the restorative justice approach that permeates it, its guaranteeing nature and its task of transcending retributive schemes that were failed in the past are analyzed. From the perspective of comparative law, the positive impact that the control of conventionality has had on this matter is analyzed and concomitantly, both the epistemological and ontological principles that govern and permeate restorative juvenile justice are analyzed from a “lege lata” perspective.
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