Transitional Justice in Uruguay: An unresolved conflict.
La justicia de transición en Uruguay: Un conflicto sin resolución.
| 2016 | |
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Uruguay democratic transition unconstitutionality of laws human rights inter-american court of human rights Uruguay transición democrática inconstitucionalidad de las leyes derechos humanos corte interamericana de derechos humanos |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/801
https://hdl.handle.net/10895/4065 |
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| Acceso abierto |
| Sumario: | Abstract. This article discusses the process of transitional justice in Uruguay. In a didactic manner to facilitate treatment of the subject this process is divided into stages according to three theoretical models of intervention to resolve the conflict that causes a reaction to the crimes commited during the civil-military dictatorship. The transitional justice process in Uruguay is an unresolved problem that still confronts some actors in the conflict and presents legal problems which were not addressed by the political and legal system. This process reflects a contradiction at a local level between the outcomeof the exercise of popular sovereignty and the constitutional analysis conducted by the highest body of justice, which has led to a parliamentary debate on the need to repeal or render null and void the Amnesty Law of the punitive claim by the State, in spite of thewill of the majority of the population. The problem becomes more complex with recent decisions by the Supreme Court of Justice which have declared such law to be contrary to the Constituion and with the first sentence of condemnation againt Uruguay issued in 2011 by the Inter-American Court of Human Rights, which requires the removal of such law from the national codes of law. This supranational court order also reflects a contradiction between the local solution and the global solution, when it involves the protection of human rights, The article discusses the unresolved problems experienced by the Uruguayan process of transitional justice considered as an open problem. |
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