Política Criminal de Tolerancia Cero. Herramienta de Eficacia del Sistema Penal, dentro de un Estado Social de Derecho en Crisis.

Abstract

The Social State of Law preached in the 1991 Constitution, preaches multiple fundamental rights, such as the "prohibition of cruel, inhuman and degrading punishment and / or treatment"; but in the social context, said constitutional prerogative is not fulfilled. The criminal system has fallen into the practical distortion of imposing sentences deprived of liberty, as a common denominator; setting penalties to comply totally degrading for the criminally declared responsible for the commission of punishable conduct, since they must face immeasurable conditions of overcrowding. The legislator, as the architect of the Criminal Policy, falls into a phenomenon of expansion of the Ius Punindi and the hardening of criminal sanctions, in order to completely dismantle the offender; situation that takes nuances of a foreign Criminal Policy, such as Zero Tolerance (USA).