El discurso resocializador: Hacia una nueva propuesta para el Sistema Penitenciario

Abstract

This article analyzed the finality of the privation penalty of freedom in function of the legal mandate inspired on the resocializator speech and on the context of a criminal respectful policy of the human rights. Likewise, a criticism is made based upon the retributive conceptions and the symbolical penal right. There is a reflection about the criminal policy concept within a social and democratic social right, the concept of resocialization is defined, as well as its judgments in relation with the criminological diagnosis and the penitentiary treatment, concluding with a discussion related to such purpose, comparing with constitutional resolutions and international juridical instruments.