Abstract

MEZA-GARCIA, Sahiet Stephen. A look to the Colombian punitive panorama. Analyzing factors that determine the severity of the punitive power. Rev. Crim. [online]. 2019, vol.61, n.2, pp.161-174. ISSN 1794-3108.

From the critical method that makes use of statistics, we analyze the structures and the functioning of the penal system. We start from an intermediate point between the dogmatism and the empirical method to present through the article an analysis about the modes that the Colombian State uses to guaranty the punitive system that is implanted. We analyze, specially, the expansion of the punitive power in Colombia in criminal court, we inquire about the type of crimes that the most are committed in Colombia to try to stablish who are the people which are being processed by the punitive power. We start from the idea that the jail is only a formulation of the punitive; this characteristic present in many institutions of society, also pretends to control the time and the life. In this sense, all the analyses of the jail should include looks to other social models else than the jail itself and the punitive power. The objective is to signal improvement opportunities to channel the system of penal justice according to the humanitarian criteria stablished in the Constitution. We conclude in turn that we are not close to overcome the institutional state of affairs stablished and reiterated in/by the Constitutional Court.

Keywords : Criminology; penal law; crime; jail; Punitive expansionism; minimum penal law; punitive populism.

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