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Política, globalidad y ciudadanía
versão On-line ISSN 2395-8448
Resumo
FRANCO-CASTELLANOS, Carlos. Restorative justice in Mexico: reflections de lege data and lege ferenda. Polít. globalidad. ciudad. [online]. 2022, vol.8, n.16, pp.128-151. Epub 06-Out-2023. ISSN 2395-8448. https://doi.org/10.29105/pgc8.16-7.
This article, entitled "Restorative justice in Mexico: reflections of lege data and de lege ferenda", aimed to analyze, from a theoretical-normative perspective, restorative justice in the legal system-The Mexican Penal Code provides for the identification of areas of opportunity that will contribute to the development of lege data and lege ferenda. A qualitative approach was followed of descriptive and propositional cross-sectional type, based on the study, analysis and criticism of the doctrine-norm-jurisprudence triad and the bibliographic references used are in official databases. It was found that the design envisaged the restorative justice presents normative inadequacies that prevent its daily use as a mechanism of access to criminal justice, along with the ignorance of its theoretical models, principles, and nature. As conclusions, it was necessary to improve its current regulation in the criminal legal system according to its theoretical foundations
Palavras-chave : Criminal conflict; criminal justice; restorative justice.