EMOTIONAL RIGHT BASED ON JUSTICE AND EQUITY: A UNIVERSAL ALTERNATIVE FOR CONFLICT RESOLUTION

"In the search for balance between the common good and the individual good"

Every day we observe the diversity of events in all social strata and worldwide, from conflictive actions because of ideologies, love relationships, addictions to any element that in its extremes degenerates the human being such as alcohol, drugs, sex, gambling, and that constitute dangerous behaviors until they become borderline behaviors with criminal offenses and that, In most cases they properly become crimes. These situations are commonly referred to as problems, they are resolved by institutions responsible for safeguarding the rights of individuals and the collective, and it is there that the mechanism of formal social control exercised by the State through the competent organs is activated, However, one loses sight of the informal means of regulating society through family, educators, and friends, in which controversies originate.

It is in this area where the public policies of the States must be concentrated to prevent rather than repress, strengthening the knowledge of the human being from within, that can be understood and recognized, that observes and estimates its strengths but that also values its weaknesses, and understands that its actions have an emotional impulse detected immediately or surreptitiously is latent. And the peaceful or controversial outcome of the event will depend on the type of emotion that materializes in the outside world.

Thus, understanding that all our actions have an emotional basis, it is possible that many conflicts are avoided in all probable spheres, that is, starting even with the opposing ideas that are born as a result of sentimental ruptures, another way would involve the claim of assets of a patrimonial nature, and other confrontations between individuals until reaching macro conflicts, where the actors are the States.

In this order ideas, taking into account that the interveners and causes of conflicts are ultimately people, My legal epistemic construct of Emotional Law emerges, as a form of regulation of behavior through empathy, where the fact is adapted with the law, estimating the individuality of the actors involved, their essential and special characteristics as a person, and providing an alternative dispute resolution based on justice and equity.