Tensiones y disputas en el proceso judicial: abordaje de la violencia de género y la violencia sexual en la jurisdicción especial para la paz (JEP)
Thesis
The objective of this research is to analyze the way in which cases of gender-based violence and sexual violence in the armed conflict are being addressed in the Special Jurisdiction for Peace (JEP), from the perspective of the legal operators of the jurisdiction and of the victims of these crimes. The research was framed in legal anthropology, feminist critical theory of law, and gender studies, in order to observe and understand the connections between the establishment of a court of transitional justice and the social reality of the victims. Thus, based on an ethnographic methodology and the use of qualitative techniques, I investigated the experiences of legal operators and the expectations of victims regarding the JEP's approach to cases of gender violence and sexual violence. In this way, I found that the judicial process that is being carried out in the jurisdiction is not developing harmoniously, since it presents different tensions and disputes regarding how to investigate, judge and sanction the different cases. However, I highlight the opportunity that the jurisdiction has to set a precedent in the legal approach to gender violence and sexual violence crimes, such as the possibility of opening the macro-case of sexual violence and reproductive violence.
