MITIGATION OF VOLUNTEERING: AN ANALYSIS OF THE JUDICIAL SUBPOENA SEAL FOR RESTORATIVE PRACTICES

This study approach the sealing of the judicial subpoena of those involved to participate in restorative practices, to analyze the possibility of mitigating the principle of willingness of the Restorative Justice, in the light of the substitution jurisdiction theory. In the Judiciary the subjects are replaced, that is, they renounce their original individual or collective will, so that the judge can instruct them to participate in certain judicial acts. It is concluded that the subpoena, although it contradicts the individual or collective will to participate, is in line with the will to be replaced, expressed in the act of demand, and the general will expressed in the legal order to replace those involved in the demands.