La justicia especializada como camino entre lo universal y lo particular a la luz del caso chileno

Bibliographic Data

ID16965746
AuthorsAlejandra Castillo Ara (0009-0004-9519-6356, Diego Portales University, corresponding author)
Year2024
Volume10
Issue2
Publication date2024-07-29
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueRevista Brasileira de Direito Processual Penal (JOURNAL)
Journal identifiersISSN: 2359-3881 • E-ISSN: 2525-510X
PublisherInstituto Brasileiro de Direito Processual Penal (PUBLISHER • BR)
DOI10.22197/rbdpp.v10i2.910
OpenAlexW4396938234
LanguageES
Citations received1
References cited5

The aim of this paper is to highlight the need to establish a specialised justice system for vulnerable groups. The Chilean experience in this area is used as a reference point. Questions are raised as to which groups deserve special attention and how specialisation can be achieved without compromising the neutrality of the law, which also aims at universality, at least at the local level. The idea that this differentiated consideration is a necessity is addressed, and its basis is essentially based on two things: an understanding of the right of access to justice as an autonomous right, and the principle of relative equality as material equality. Although it does not deal with practical implementation, it offers indicative guidelines that would allow for the optimisation of procedural and substantive legal instruments, thereby improving access to justice for vulnerable groups. In order to outline the path towards specialisation, key issues such as the definition of vulnerable groups and the debate on whether a procedural solution is sufficient or whether a correction of substantive criminal law is necessary are addressed. Finally, it discusses the insufficiency of a purely administrative solution and the feasibility of judicial specialisation, considering the possibility that the neutrality and objectivity of criminal law and criminal procedure may ultimately be violated. Finally, the question is raised as to whether specialised justice is a more empathetic than legal solution, which tends to undermine social solutions over individual ones

Criminal justice · Criminal law · Economic Justice · Epistemology · Law and economics · Neutrality · Political science · Sociology · Comparative constitutional jurisprudence studies · Criminal Justice and Penology · Judicial and Constitutional Studies · Law

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