Vol 4, No 7 (2005)

The notion of home public services, as discussed in the expedition of the Constitution and Law 142 of 1994. has been characterized by it deep commercial features– nonetheless, the Magna Charta also consecrates that providing public services is a finality inherent to the Colombian State, which has been defined as a Social State of Right These elements expound the question about whether the home sewage public service should be merely considered as an asset or a service, subject to the users’ payment Capability: or whether it contrarily should be considered as a human right accessible to each and every community member, based upon his condition...” as a human being”

The model ot Restoring lustice is conceived as a change in paradigm, a necessary support in order to achieve a new conception to administrating justice within the framework of a Social Sate of Law, reigned by its founding principle: “the Human Dignity” which abandons the repressive and retributive model thus reshaping the State’s role in exercising the ius punendi and considering the constitutional limits imposed on it, yet fundamentally considering the jurisdictional process as an instrument of peace.
We therefore assume the supposal expounded by the model of Restoring Justice, which is the humanizing of the penal process, convoking unto the actors of the criminal conflict: the State, society, victimizer and victim, so that they would find a justly agreed upon solution to the criminal phenomenon, where it should be fundamental to reformulate the finality of the sentence, thus granting a protagonist role to the victim within the new accusatory penal process, endowing him with true process-part faculties, but over all respecting his human dignity.

Criminal Political as a type of justice policy should be understood as that which configures the penal system, a contiguration oriented by a very clear decisiveness by the punitive power. This decisiveness in none other than the legitimacy –for the peripheral countries– of Penal Law, that is. “Of the ves and when of the juridical–penal sanctions to typical conducts” and thus ol the punitive power.

Thiscontiguration of the penal system may be achieved in an uncouth manner, such as that expounded by the totalitarian criminal policies: or in a very elaborated manner, as it occurs with the liberal criminal policies, where it is sought after to elabórate a liberal penal system as wéll as a liberal penal law, a fact which by itself should be critical and limiting, yet through one or the other, the punitive power becomes legitímate.

This article will analize the socio-juridical bases and consequences to the systems of juvenile penal responsibility which turns greatly important in Colombia, for the urgency to modify such a system has been in discussion since a while back. The lack to specialized literature has brought forth all types of judgments into various directions which has left nothing good as far as juvenile responsibility is concerned, in a country where the situation of delinquency amongst minors is becoming a more than a grave issue. Thus, before the disjunction expounded in front of us between a repressive juvenile penal system and impunity the re-searcher should thoroughly study the philosophical and sociological suppositions in order to propose other real and concrete alternatives tor a reform especially focused upon the understanding of what relates to a juvenile I which implies a dialogue amongst knowledges!, of the representation - a function in the world of the true daily juridical penal system, and of the judge figure in such processes, among other elements. Therefore, this article will carry out a profound study of the socio-juridical elements that are considered to be most relevant to function as a theoretical basis for the process of the reform to the system of juvenile responsibility