Theoretical perspectives of access to informal justice, and legal needs of masc in colombia: challenges in times of pandemic

Abstract

The theoretical perspectives of access to informal justice, and legal needs of the Alternative Mechanisms for Conflict Resolution, hereinafter MASC in Colombia are presented. A critical analysis has been followed in order to understand the place that the right of access to justice occupies, compared to alternative or informal justice, and the attention to the legal needs of those who resort to these mechanisms. As well as its role in these times of pandemic.

It is about following the approach of Peña (2017) who advocates a disciplinary perspective of conflict resolution, and therefore the study of MASCs, not only from the perspective of justice, as decongestants of judicial offices. For this, the following aspects are addressed: I) Theoretical referents of access to Alternative Justice. ii) Studies of the legal needs of MASCs in Colombia. iii) Challenges of MASCs in times of pandemic. It concludes on the importance of strengthening the MASCs to effectively address the legal needs of citizens, since they are not “second-hand justice,” but an effective way to resolve citizens' conflicts, as has been demonstrated in these times of pandemic.