Abstract:
This study analyzes the emergence of a new paradigm of rule of law, due to the absorption of essential achievements in the field of Transitional Justice. It is a new perspective that takes into account not only the State, but also civil society, incorporating to the social-democratic constitutionalism new values (tolerance, consensus, truth, solidarity and effective citizen participation). Considering the jurisprudential maturity in Transitional Justice and José Roberto Dromi’s approach to “the constitutionalism of the future”, we establish the contours and limits of Transitional Rule of Law, harmonizing the broad protection of minorities with the right to truth.
Keywords:
Transitional Justice; Rule of Law; Constitutionalism