Resumo

SIMON, Jan-Michael. La Comisión para el Esclarecimiento Histórico, Verdad y Justicia en Guatemala. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.106, pp.147-203. ISSN 2448-4873.

This is an essay that examines the formation, functioning and results of the "Truth Commision" of Guatemala (Comisión para el Esclarecimiento Histórico). Firstly, the author explains the different legal mechanisms that led to the formation of the Commission. Secondly, he studies the objectives of the Commission and the human, material and time limitations that affected the investigations of this institution, as well as the legal context in which it worked. Thirdly, the author makes a series of criticisms to the factors that explain the limitations that the commission had to face. Fourthly, he discusses the results of the investigations and the reactions of the different actors interested in the work of the commission. Finally, the author reaches the conclusion that, in a system based on the Rule of Law, the results of the investigations conducted by this kind of commi-ssions should have mandatory effects.

Palavras-chave : human rights; rule of law; truth commission.

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