Explorando las salidas alternativas a la prisión en clave feminista

algunas contribuciones al debate jurídico feminista

Abstract

 This work aims to analyze the complex situation of women and gender dissent during a criminal proceeding when they report gender-based violence in any form, within the framework of the current growth of these investigations in Argentina and the Latin American region.

The main objective of this work is to contribute to acknowledging some of the different elements to be considered in terms of the enforcement of the alternative dispute resolution measures to minimize the development of punitive power. In this regard, we focus on studying the possibilities of resorting to alternative dispute resolution measures, and on which the responses of the criminal justice system in Argentina are (and should be). Such analysis will be carried out in line with the Inter-American System of Human Rights and the guidelines provided by the Argentine branches of government, particularly through the Argentine Supreme Court’s opinion delivered in the case “Góngora”, and the recent amendments to the Argentine criminal legislation.

Furthermore, we will necessarily address the perspectives of legal feminisms from the point of view of unquestionable supporters who will contribute to the lively debate between feminist criticism of criminal law –which propose exploring alternative dispute resolution measures respecting the multiplicity of gender-based violence cases– and those legal feminisms which stand almost completely against its application, because it may result in a disruption of the rights of the victim.

Keywords: criminal law, feminisms, gender-based violence, punitive power, anti-punitiveness.