Carol Lizeth Valdera Cabanillas

DOI: 10.59427/rcli/2024/v24cs.417-427

The study aimed to contrast the philosophical contributions on what is fair in Paul Ricoeur from the verification of the effectiveness of the conversion of the custodial sentence into a community service sentence for the crime of violence against women in the developed cases and revised of the city of Moyobamba – Peru in the period 2020-2022. From a qualitative and basic approach, it is argued that the conversion of the custodial sentence in the mentioned crime has not been effective and fulfilled since, on the one hand, there is no culture of legality on the part of the defendants and, on the other hand, the magistrates do not have effective mechanisms that allow them to enforce their resolutions. The implications of the study are based on the fact that the criminal policy of converting custodial sentences into community service sentences has not produced the results expected by the legislator, which has increased the perception of impunity for the accused and injustice for the victims. The originality of the study lies in the fact that it proposes a theoretical/practical discussion on the administration of justice and fairness, based on a review of the casuistry and philosophical contributions of Ricoeur, who, from his Aristotelian heritage, made “fairness” the guiding thread and the backbone of all his legal philosophical reflection. At the end of the study, alternatives are presented for justice operators to strengthen their operative and reflective capacity in the fulfillment of their decisions. It concludes by pointing out that, as long as justice operators do not assume that a judicial decision has a component that goes beyond the legal, and that it is rather an ethical, philosophical and educational communication to society, effective jurisdictional protection and access to justice will continue to be a chimera.

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