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BASES ESENCIALES DE LA JUSTICIA RESTAURATIVA Y LOS PROGRAMAS DE REPARACIÓN DE LAS VÍCTIMAS

Objective: In this paper the essential foundations of restorative justice as a discipline with relevant content and special incidence are developed in conflict situations, especially when it comes to repairing the damage caused to the victims, as the reasons and most important bases of this branch is precisely in the guardianship of the victim and the violated rights. Revista Jurídica vol. 02, n°. 59, Curitiba, 2020. pp. 1 46 _ Revista Jurídica Unicuritiba. Curitiba.V.02, n.59, p.1-46, Abril-Junho. 2020 [Received/Recebido: Maio 04, 2018; Accepted/Aceito: Março 20, 2019] Este obra está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional. Methodology: The method used is the deductive one by way of a doctrinal evaluation of national and foreign literature regarding concepts of restorative justice, especially the reports and directives of the United Nations. Results: From the reparation of the damage caused to the victims, seeks the restoration of a situation based on the magnitude of the damage, taking into account the status of the victim, ensuring the adequate and prompt attention, pursuing the participation of the involved parties in the restorative process, since the problem is focused as a generator of a rift between victim and offender, affecting the structure of society in general. The best solution capable of restoring this social imbalance caused by the conflict involves the co-participation of victims, offenders and the community, under a scheme of respect for freedom and human rights. Contributions: The study has contributed to reporting on existing discussions on the subject of restorative justice as an inclusive mechanism that independently or complements the justice system, seeks to solve a conflict and the damage caused by it, through voluntary co-participation, responsible and sensible of the victim, the offender and the community.