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November 16, 2018

The Justice Studies  Center of the Americas (JSCA) and the Fundación Konrad Adenaur (KAS) Rule of Law for Latin America Program presented the publication “Adversarial Criminal Justice in Latin America: Towards Management of Conflict and the Strength of Law” in Panama City. The Spanish-language book contains 19 country reports which cover Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, Guatemala, Honduras, Mexico and Venezuela, among others. Follow this link to download the publication.

Over the past 25 years, a great deal of progress has been made on the implementation of the adversarial system, but a set of remaining problems require a new approach and intervention strategies..


The publication’s topic is crucial for Latin American justice systems and for the quality of democracy and rule of law. The criminal justice reforms that have been introduced over the past 20 to 30 years have sought to implement systems that are better aligned with democratic and liberal constitutions and international and regional human rights mechanisms, many of which were approved by the countries of the region during this same period.
The national reports and comparative analysis contribute to the formulation of proposals that will allow the reforms to continue to solidify and for the goals that were set when they were approved and implemented to be achieved.
The study is also designed to provide a critical analysis that features suggestions for adjustments that can be made to public policies that may be of interest to judicial branch staff, judges, public prosecutor’s office staff, criminal law scholars, litigators and decision-makers. All of the suggestions are designed to overcome characteristics left over from the inquisitorial system that was mainly inherited from Colonial times. These include formalism, a mainly written procedure structure, weaknesses in technical litigation, verticality and the concentration of processes, a lack of contradiction between the parties, and a tendency to implement procedures introduced by reforms only in the form of rhetoric.

Technical Sheet
Editors: Marie- Christine Fuchs, Marco Fandiño and Leonel González

Coordinator: Laura Cora Bogani

Prologue: Alberto M. Binder


Authors

Adela Cardoza
Ana Dulce Aguilar
Ana María Ramos
Ana Paola Hall
Antonio Pedro Melchior
Antonio Vieira
Carlos Jovel Sánchez
Carmen Alguindigue
Carolina Ahumada
Carolina Mauri
Delia de Castro
Diego Zalamea
Dina Martinez
Elmir Duclerc
Elvyn Díaz
Gonzalo Fibla
Harold Modesto
Jaime Arellano
Jennifer Guachalla
Jenny Quirós
José Neyra
Juan Martens
Juan Mendoza
Juan Sánchez
Laura Giuliani
Melissa Álvarez
Omar Sumaria
Roque Orrego
Santiago Pereira

 

 

 

 

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