Restorative justice in Colombia: An institutional analysis

Abstract

This work explores the reasons why there is no significant use of restorative justice in Colombia. For that purpose, we resort to institutional theory as a heuristic strategy from which to build three explanatory variables. Through our field work, we identified that the decision-making process (behavior) of justice operators at Bogotá are strongly conditioned by rules and incentives derived from their duties, as well as by the characteristics of the administrative routines and procedures that are used in justice administration. However, the justice operators’ “views of the world” are not relevant to explain the matter. Lastly, we propose some modifications of administrative rules and procedures that could facilitate a greater use of this procedural concept in ordinary criminal jurisdiction. Keywords: institutionalism, restorative justice, retributive justice, justice administration policy in Colombia.