Las injusticias de la justicia: Un análisis de precedentes judiciales sobre protección a la población carcelaria en Colombia a partir de la dignidad humana

Abstract

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 of protection 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.