La situación de Hacinamiento y su relación con la política criminal: cárcel Villahermosa Cali

Abstract

Prison overcrowding is a problem that violates a whole series of fundamental rights of people deprived of their liberty. The situation has been so serious and so lasting that the Constitutional Court, in sentence T-153, declared the state of affairs unconstitutional in the Colombian prison and jail system. This declaration obliges the institutions involved in the punitive function of the State to bring themselves into line with international guidelines on the subject. Nevertheless, the situation of overcrowding persists and worsens over time. This invites a rethinking of criminal policies and their relationship with the overcrowded prison population. To this end, a bibliographic review is being implemented, including doctrine, laws, jurisprudence, academic research, and articles from specialized journals. The main conclusion is that, in the selected time window, criminal policy, far from contributing to the solution of the problem of overcrowding, has contributed to worsening the living conditions of those deprived of their liberty, which suggests a profound reflection on the causes and consequences of this in order to provide some effective solution.