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Revista de la Secretaría del Tribunal Permanente de Revisión

On-line version ISSN 2304-7887

Abstract

MESA, Jaime Alberto Sandoval  and  SIERRA, Carlos Alberto Cárdenas. The principles of special justice for peace in the agreements signed with the FARC in Colombia and its relationship with the Truth Commission. Rev. secr. Trib. perm. revis. [online]. 2020, vol.8, n.15, pp.71-91. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a8.n15.p71.

The purpose of this article is to determine the correspondence of the principles conceived in the Special Justice for Peace with the truth commission. From there, the factors of the crimes provided in the peace agreements signed by Colombia with the Group of the Revolutionary Armed Forces (FARC) and the relationship of justice that emerges between the judicial aspect and the commission of the true, at the moment of pointing out the responsibility.

Both in the judicial forum of the Special Justice for Peace, and in an institution that focuses on an aspect of truth, as the Commission determines the purposes to comply with the object of comprehensive justice outlined in the peace agree-ments.

In that order, the present article has been developed through the method of epis-temological dialogue of the three-dimensional theory of Law that consists of inte-grating the vision of Law from three perspectives: that of the Science of Law that starts from its extrinsic validity; that of the Philosophy of Law that starts from its intrinsic validity or justification; and that of the Sociology of Law that, in turn, de-parts from effectiveness. The methodological emphasis is on the intersection be-tween extrinsic validity and efficacy. Although the criticism is made from an axio-logical perspective that starts from the primacy of the common good as a teleologi-cal aspect that defines the intrinsic validity of any law, especially in the effects of the principles and dialogues between the Truth and Justice Commission peace.

Likewise, the text was elaborated through methodological tools that correspond to this analytical hermeneutic approach of the right in the three-dimensional vision warned, of a hypothetical deductive, descriptive, comparative, historical and reflex-ive type.

Keywords : Integral Justice; Truth; Judging Commission; Principles.

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