Lidia Verónica Gamboa Abón, Lesly Patricia Bravo Meneses
DOI: 10.59427/rcli/2023/v23cs.679-686
The present study arises from the great tendency to penalize the crimes of memores, I consider it appropriate that there are countries where they are tried in the penal system and are confined in jails and sentenced to death, which would imply a violation of the violation of the rights of the child, lack of equity in society and violation of the human rights of children and adolescents. The systematic review methodology was used, and as a procedure the Cochrane method, the sample was 33 articles. The results lead us to conclude: Juvenile restorative justice is an approach that does not seek to penalize minors, but rather recognizes and repairs the damage, in particular correcting their behavior, receives forgiveness from the victim and reintegrates into society, to for which the State has support organizations for the minor to integrate into society. There is great evidence that this approach to justice for criminal offenses in minors prevents recidivism, reintegrates them into society and prevents them from continuing their conduct, which with a high probability makes them continue a criminal career, so it is very appropriate. in addition to being in tune with the Convention on the Rights of the Child, and constitutional rights. It is a social justice approach, since it occurs in social sectors that suffer from inequity, have not enjoyed a State that provides them with the conditions of development and dignity contemplated in the Constitution. On the other hand, the purpose of justice is to reintegrate the offender, it is not punitive, but resocializing. The abandonment of violence, conflict solutions (juvenile prisons) evolve positively when there is less violence, there is acceptance of responsibility, forgiveness, reconciliation, and an opportunity to correct the paths that led to that situation. Changing stigmatization, marginality for acceptance, and opportunity for inclusion. Peru, although it occupies a leadership position in the application of Restorative Juvenile Justice, still faces many challenges so that it reaches all its jurisdictions and achieves high percentages of non-recidivism.
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