Hacia un modelo de Justicia humanizada y transformera

In the context of the new Proyecto de Ley Orgánica de medidas en materia de eficiencia del Servicio Público de Justicia, the requirement to refer to Alternative Methods of Dispute Resolution (MASC) as a procedural requirement for the acceptance of certain judicial claims represents a structural change. deep.

This measure not only aims to eliminate the saturation of tribunals, but also promotes a cultural transformation favoring dialogue and joint resolution of conflicts, and can be interpreted as an attempt to adapt the justice system to the demands of postmodern society. with its diversity, dynamism and complexity. Sin embargo, para que este normative progress becomes a real benefit, it is crucial to guarantee that the process does not become a mere bureaucratic process devoid of content and without real commitment from the parties.

In the context of the new Proyecto de Ley Orgánica de medidas en materia eficiencia del Servicio Público de Justicia, this paradigm shift implies a reversal of the traditional concept of the judicial system.

In terms of political theory, the transition to a model prioritizing MASC can be interpreted as a renewal of the social contract. From Hobbes to Rousseau, the state was envisioned as the supreme arbiter of conflicts as a monopoly crystallized in modern jurisdictional systems. The embargo of sin, the saturation of tribunals, the alienation of institutions, and the increasing complexity of modern societies require a redistribution of this power.

La mediation The remainder of MASC does not seek to replace the court system, but offers an alternative venue that reduces unnecessary litigation, eases the burden on the courts, and promotes a more efficient and accessible justice system.

Mediation and the rest of the MASC give some of that power to decide how to resolve their conflicts, respecting their personal sovereignty, within a normative framework that always ensures justice. This model defines justice not as a unilateral state service, but as a joint construction between the state and citizens.

Use MASC as appropriate to change legal norms for social transformation tools. Los MASC no implican una renuncia del Estado and su responsabilidad de guarantee justice; Instead, represent him as a rediseño de su. The state acts as a mediator and guarantor of fair and efficient processes by delegating part of its powers to mechanisms that better reflect the needs of citizens. This change strengthens institutional legitimacy, indicating a state that is more adapted, efficient and closer to social realities.

The obligation to attempt a settlement through the MASC before filing a court claim should not be seen as a barrier to access to justice, but rather as a positive filter encouraging parties to explore alternative avenues before resorting to court.

The nature of the procedural requirement should not be touched upon in the importance given to MASK by the draft law, these mechanisms should be carried out by qualified specialists. Mediator training focuses not only on technical aspects, but also on socio-emotional skills that facilitate authentic interactions and lasting pacts.

In the traditional judicial system, the citizen is often a passive actor, obeying procedural rules and often not understanding everything. With MASC, citizens regain their active role in conflict resolution by directly participating in the construction of contracts that reflect their interests and needs. Este empoderamiento fortalece la autonomía personal y fomenta una culture de corresponsabilidad, donde los ciudadanos se perceiven only como subjects de derechos, china también como agents de cambio.

Los MASC may not only be a technical innovation in the field of justice, but it can be a pillar for building a more active citizenry, a more legitimate state and a more united society. This progress reflects an evolution towards a more dialogical and democratic model. Este cambio no es un mero támite; It is a silent revolution that places the citizen at the heart of the system.

The main challenge is to guarantee that this measure does not become a simple process filter without content. For this, it is necessary for public policy to ensure the quality and authenticity of the MASC processes, to promote real interaction between the parties and to preserve the pactist essence that defines them.