Percepción de los efectos psicológicos que las medidas privativas de libertad y el enfoque restaurativo del Sistema de Responsabilidad Penal generan en jóvenes wayuu

Abstract

The System of Criminal Responsibility for Adolescents (SRPA) is the entity in charge of the judgment and treatment of adolescent offenders of the law in Colombia, whose measures must be pedagogical, specific, and differentiated approach. Few studies have been carried out on the effects of imprisonment on adolescents around the country, especially focused on adolescents with an ethnic background. In La Guajira, a multi-ethnic region due to the settlements of different indigenous groups, such as the Wayuu community, it should have a different approach to its system. However, the opposite occurs, which is why the present investigation was developed, whose objective was to determine the psychological effects that confinement measures and the restorative approach of the Juvenile System cause in Wayuu youths who transgress Colombian law. The present investigation was carried out under the qualitative cut, non-experimental type, transactional with a descriptive scope and a historical-hermeneutical approach, whose technique was content analysis, and the data were obtained from four discussion groups and six semi-structured interviews. There were 28 participants among professionals from the SRPA, the judicial system, Palabreros, Wayuu professionals, and young people who have been offenders. The results show affectations at the individual, social and cultural levels. In addition, shortcomings were identified within the System when dealing with the cases of this population, for which some alternatives strategies are provided to strengthen the system from a restorative, differential, and more ethnic approach.