Abstract

MOLINARES-HASSAN, Viridiana; TOLOSA-MORALES, Adel  and  QUINTERO-OCHOA, Margarita. THE UNJUST OF THE JUSTICE: A STUDY OF STARE DECISIS ABOUT PROTECTION OF THE JAIL POPULATION IN COLOMBIA SINCE HUMAN DIGNITY. Vniversitas [online]. 2016, n.133, pp.235-310. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj132.ijap.

This paper presents the results of an investigation which objective was to determinate and analyze the cases of the legal action taken for protecting the rights of the prison population, about transgressions of their rights, based on the ignorance of the human dignity. At first, we expose a short research about the concept of dignity. Straightaway we are going to describe the present situation of the Colombian penitentiary system, present situation that implies the presentation ofprotection solicitudes that we analyze from the judicial decisions adopted by the Constitutional Court of Colombia (1992-2012). After the analysis, we present our conclusions that show that the constitutional jurisprudence has developed a solid argumentative process, but until the date, it has not been possible to materialize the judicial mandates.

Keywords : Constitutional Jurisprudence; Human Dignity; Prison Population; Constitutional Judge.