“Positions in front of the responsibility of children and girls that transgress the law”

Abstract

The discussion about how boys and girls judicializados, should respond for the made criminal facts, generates two dominant positions. From a special “penalization “is demanded while from the other one, social and psychological responsabilización is requested”. This article discusses both postures in search of a synthesis that he/she takes the best in both thought currents. This way, he/she intends to guarantee fair trials, hindering the traditional judicial discrecionalidad in this field but, at the same time, it rejects all system of special hardships as via for the construction of social and subjective responsibility. It inscribes this alternative in the field of the Restorative Justice contrary to the Systems of Juvenile Penal Responsibility”. Propugna the sanction notions co-responsabilizante before that of sanction responsabilizante”, and that of Integral Garantismo before that of Penal Garantismo.”