La insostenible situación de la ejecución de las penas privativas de libertad: ¿vigencia del Estado de derecho o estado de naturaleza?

Abstract

This article deals with the general evolution of deprivation of liberty, first as custody and then as a proper penalty, to investigate the ideological devices that have historically ensured the exclusion of those sentenced to imprisonment of their consideration as rights holders, whose exercise should not be affected but only with respect to the rights or duties committed with the nature of the sentence (s) imposed. In particular, it examines the theoretical discourses that have allowed the "administrativization" of the execution of imprisonment sentences since its dissociation with the phase of its imposition in the sentence have led to the attribution of different ends to the penalty of imprisonment, depending on when the punitive state practice is expressed. The consequence has been the understanding (of) that criminal law, with its principles and guarantees, only reaches the moment of judicial imposition of sentence; jail is out, and so is the rule of law.