Mirada sobre el estado de cosas inconstitucional en el sistema penitenciario y carcelario colombiano : avances o retrocesos que ha generado su declaratoria

Abstract

The purpose of this degree paper is to analyze if the unconstitutional state of affairs declared by the Constitutional Court due to the prison and penitentiary crisis has been truly satisfactory or not for the process of overcoming the problem. In the first part, a brief review will be made of the meaning of punishment in doctrine, contrasted with what constitutional jurisprudence in Colombia has developed. The second part will contextualize the figure of the unconstitutional state of affairs in the matter, together with a detailed study of the Court's decisions regarding the crisis in prisons. After this, the effects of the declaration will be analyzed and finally it will be concluded with the Court decisions.