Revista Internacional de Doctrina y Jurisprudencia (Dec 2014)
¿PASA LA LEGITIMACIÓN DE LA PENA DE PRISIÓN EN UN SOCIEDAD DEMOCRÁTICA POR UNA POLITICA CRIMINAL REDUCCIONISTA?
Abstract
The principle objective of this work focuses mainly on the analysis of the reality of prison punishment in the current punitive structure. To this end and with a general character, it is systemized on two levels: on one hand, the valuation of the most relevant international declarations regarding its adequacy and monitoring and the opinions of criminal dogma on this issue; on the other hand, with statistical data, prison punishment’s evolution until the present day and its efficiency and effectiveness in response to the application of such punishment. This leads us to highlight the contradictions between expansionism and reductionism and the controversial dichotomy, which is not easy to harmonize, and is prevalent, furthermore, with greater or lesser intensity, in a compared punitive panorama, as is the increase in the use of prison punishment versus the search for new alternative forms to it.