LA JUSTICIA DE TRANSICIÓN EN URUGUAY: UN CONFLICTO SIN RESOLUCIÓN

This article verses on the Justice Transition Process in Uruguay. For the better understanding of this matter a didactic approach is followed. Within such framework, the mentioned process is divided in to three stages according to three different theoretical models of intervention aimed at the resolution of the conflict provoked by the reaction against the crimes committed during the civicmilitary dictatorship. Uruguay's Justice Transition Process is still an open problem that generates conflict among its actors and presents legal challenges that have not yet been dealt with by the legal and political system. At a local level, this process reflects a contradiction that arises from the result of popular sovereignty as compared to the constitutional analysis carried out by the highest judicial organ in Uruguay. This contradiction has led to a parliament discussion as to weather is it necessary to abolish or withdraw the effects of the Expiration of the State Punitive Pretensions Law, despite the fact that the majority of the population is against such initiative. The problem has become more complex due to the following factors: the Supreme Court has recently deemed the mention law as unconstitutional and on 2011, for the first time, the Human Rights InterAmerican Court has imposed upon Uruguay the obligation of withdrawing such law from its national legal system. Again, this international command reveals the contradiction between the local and the global solution in relation to Human Rights protection. [PUBLICATION ABSTRACT]