Towards a Critical and Humanist Theory of Extrajudicial Conciliation. Justice through Recognition and Co-Responsibility

Aguirre-Lanegra A.J. · Problema (2026) · DOI: 10.22201/iij.24487937e.2026.20.20160

Resumen

In recent decades, the Peruvian judicial system has experienced a profound crisis of legitimacy, marked by institutional distancing, procedural inefficiency and structural limitations in addressing social conflict. In this context, extrajudicial conciliation has gradually emerged not only as an administrative mechanism to reduce the judicial backlog, but also as a transformative legal practice capable of reorienting justice towards relational, ethical and participatory dimensions. This article aims to develop a critical and humanistic theory of extrajudicial conciliation, grounded in philosophical, legal and ethical perspectives. It seeks to reposition conciliation as a non-adversarial method of conflict resolution and as an emancipatory legal act capable of producing new forms of legal subjectivity. The findings show that conciliation, when understood through a humanistic lens, transcends its procedural role to function as a dialogic space for the reconstruction of damaged social bonds. It is concluded that conciliation should not be reduced to a technical alternative to litigation but should be recognized as a profound change in the legal paradigm. Its ethical and political potential lies in its capacity to redefine justice as a co-constructed process, anchored in dignity, reciprocity and cultural sensitivity.

Instituciones: Universidad Privada del Norte