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Cuestiones constitucionales
versão impressa ISSN 1405-9193
Resumo
ACOSTA-ALVARADO, Paola Andrea. The protective nature of the provisional measures in the colombian Special Peace Jurisdiction. Cuest. Const. [online]. 2020, n.43, pp.3-26. Epub 13-Dez-2021. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2020.43.15177.
In procedural theory, precautionary measures are judicial tools that are usually conceived as instruments to ensure the proper development of the process and compliance with sentences. However, in the field of international human rights law (IHRL) the figure of precautionary measures has been developing a protective role, whose ultimate goal is protection of human rights.
This text aims to present the transformation that these measures have undergone, through the work of the Colombian Special Jurisdiction for Peace, a transitional body that follows the profile of the IHRL. In demonstrating this new tutelary nature of precautionary measures, we aim to highlight their important role in the protection of individuals and, moreover, in the success of transitional justice that, in Colombia, also has a restorative profile.
Palavras-chave : provisional measures; transitional justice; restaurative justice.