Specialised justice as a path between the universal and the particular in the light of the Chilean case

• Autor(a) principal: Castillo Ara, Alejandra
• Data de Publicação: 2024
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/910
• topic: justicia especializada; acceso a la justicia; interseccionalidad; specialised justice; access to justice; intersectionality; justiça especializada; acesso à justiça; interseccionalidade

The aim of this paper is to highlight the need to establish a specialised justice system for vulnerable groups. The Chilean experience in this area is used as a reference point. Questions are raised as to which groups deserve special attention and how specialisation can be achieved without compromising the neutrality of the law, which also aims at universality, at least at the local level. The idea that this differentiated consideration is a necessity is addressed, and its basis is essentially based on two things: an understanding of the right of access to justice as an autonomous right, and the principle of relative equality as material equality. Although it does not deal with practical implementation, it offers indicative guidelines that would allow for the optimisation of procedural and substantive legal instruments, thereby improving access to justice for vulnerable groups. In order to outline the path towards specialisation, key issues such as the definition of vulnerable groups and the debate on whether a procedural solution is sufficient or whether a correction of substantive criminal law is necessary are addressed. Finally, it discusses the insufficiency of a purely administrative solution and the feasibility of judicial specialisation, considering the possibility that the neutrality and objectivity of criminal law and criminal procedure may ultimately be violated. Finally, the question is raised as to whether specialised justice is a more empathetic than legal solution, which tends to undermine social solutions over individual ones.