Future Directions of Costa Rican Criminal Justice: Punitive or Restorative? Epistemological Reflections on Restorative Justice and the Enemy Criminal Law Paradigms

Abstract

The discussion on justice and the legal system is enriched by examining two key approaches from a Costa Rican perspective: Restorative Justice and the Criminal Law of the Enemy. This essay delves into the constitutional foundations of Costa Rica and how they interact with the goals of law and justice. The research thoroughly explores the basis of both approaches, questioning their adaptation to the Costa Rican model and their relationship with the judicial process’s stakeholders. It also reflects on the state’s perspectives on addressing crime, particularly through Criminal Justice. The essay seeks to discern which model best aligns with constitutional values, societal perceptions, and the practical realities of the national justice system. It compares the application and acceptance of Restorative Justice versus retributive approaches, providing a comprehensive view of how theory and practice converge in Costa