Las nuevas formas del proceso penal argentino y la verdad en Michel Foucault
In this work I try to play with the title of the lectures that Michel Foucault gave in Rio de Janeiro 50 years ago. But to give an account of one aspect of the transformations that are seen in the Argentine criminal justice administration today. I am referring specifically to the issue of «truth» or...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Universidad Nacional del Litoral
2025
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| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/index/article/view/14149 |
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| Sumario: | In this work I try to play with the title of the lectures that Michel Foucault gave in Rio de Janeiro 50 years ago. But to give an account of one aspect of the transformations that are seen in the Argentine criminal justice administration today. I am referring specifically to the issue of «truth» or the search for truth, which has been shown to be the keystone of the reform that gave legitimacy to the state and legal form of managing and resolving conflicts. I am also referring to ritual forms, which lose their importance in the face of the «administrativization» of most cases. And they are perverted or altered in the few processes linked to the resonance or even media push of some conflicts (political or serious) and with specific processes (the most interesting: the recently introduced in Argentina, trial by jury). I analyze in particular what happens in the solutions agreed upon or negotiated between the parties, which in some cases seek alternatives to punishment, but in others are functional to the imposition of the same penalties without the procedural mechanisms of the trial or decision on the truth, or of the investigation or discovery of the truth. I draw conclusions particularly about the institution of the «plea bargaining» with which most convictions are obtained in Argentina today. |
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