Autor/es
Descripción
ver mas
Colaborador
Morás, Luis Eduardo
Fernández, Mariana
Materias
Spatial Coverage
Temporal Coverage
1990-2022
Idioma
spa
Extent
270 p.
Derechos
info:eu-repo/semantics/openAccess
Atribución-NoComercial-SinDerivadas 4.0 Internacional (CC BY-NC-ND 4.0)
Formato
application/pdf
Identificador
Cobertura
URY
1990-2022
Abstract
This thesis aims to comprehend, through the analysis of different sources (laws, bills, explanatory memorandums, parliamentary discussion, sentences and reports) the way in which changes in modern legal rationality are related to the consolidation of differentiated conflict resolution mechanisms in juvenile penal systems. In order to answer this question, the starting point will be the study OF the main regulatory changes that occurred in the region, due to the ratification of the Convention on the Rights of the Child (CRC). Subsequently, the focus will be on the reflections on the legislative reforms carried out in Uruguay (1990-2022) and finally, on the study of judicial practices. For this purpose, a content of analysis will be carried out including the total number of sentences issued at National level by the Courts of Appeal (2015) and also all the conditional suspensions of processes agreed in the department of Montevideo during the year 2018. Concomitantly, an analysis of the public discussion of criminal issues will be carried out. Focusing on the three direct democracy’s mechanisms which were held in Uruguay during the course of this study in 2014, 2019 and 2022. This study will allow us to identify changes in legal rationality based on the proliferation of abbreviated and simplified processes, together with the limitation of alternative measures. In this context, the use of institutional confinement has been adopted as an almost hegemonic response of the juvenile justice system, under the appearance of applying procedural guarantees, which prioritizes speed and displaces key aspects of the CRC.
Título obtenido
Doctor de la Universidad de Buenos Aires en Ciencias Sociales
Institución otorgante
Universidad de Buenos Aires. Facultad de Ciencias Sociales