Hacinamiento carcelario y sistema penitenciario en Colombia bajo la mira de la corte constitucional -estado de cosas inconstitucionales

Abstract

In the country, from the 1990s to date, the high rate of prison overcrowding, the lack of infrastructure in the various detention centers, the constant violation of human rights, the lack of prison resocialization programs have been viewed with great concern. These are the problems that many citizens face on a daily basis, who for one reason or another are deprived of their liberty in Colombian prisons. That is why the Constitutional Court has declared on three occasions the existence of an unconstitutional state of affairs. In order to demonstrate the gravity of the situation of the Penitentiary system, in which progress and setbacks in the Consolidation of criminal and Penitentiary Policy can be measured. This text will carry out an analysis of prison overcrowding starting with a brief historical review where its growth is increasingly alarming in the humanitarian prison crisis to the present day, from the perspective of two dimensions on the one hand, from criminal policy, such as The State seeks to increase the penalties to combat the criminality of whose crimes that are prosecuted three is no right to benefits and / or criminal subrogations for the convicted and, on the other hand, from a public policy, which should be the State to counteract criminality in Colombia and reduce the prison record