Penitentiary System in the 19th Century offender
Introduction
In the beginning the concept of the penalty is essentially linked to the work that the penal. In the beginning it was thought that through work he kept occupied and also a physical and mental wear that helped him not have forces to commit crimes to commit crimes. Later it is considered resocialization of the punishable in the reeducation rehabilitation and reinstatement of this to the society in which it is based on the Constitution in the Numeral of the Art. 139 of the Political Constitution of Peru Norma that keeps concordance with article IX of the Preliminary Title of the Criminal Code that indicates that the penalty has a protective and resocializing preventive function The security measures pursue healing purposes guardianship and rehabilitation
Therefore, in order to achieve a positive and rehabilitative intervention of the offender, it is necessaryin society.
The work itself also fulfills a rehabilitation measure by introducing new autonomous personal perspectives in the inmates through the activities and actions that the penitentiary is improving on the other hand, a guide support by the specialists related in the field in the field in the field in the field has help regarding the fundamental rights of inmates and the limitation they have in their exercise we can mention that “being the inmate in a penitentiary center subject of law, as a general rule that will enjoy the rights that the Constitution grants to all citizens , although it is true on the basis of the special legal regime to which it is submitted, some right is impossible in its exercise as is the case of the right of freedom and others appear limited or restricted therefore, in order to proceed with an analysis adequate and specific of each of the fundamental rights of inmates, it will be important And keep in mind that an exam of this type, places us in the need to be clear about what we mean when we use the term "fundamental rights", as well as the limits that can be tax; For only in this way the light of national and comparative jurisprudence can be analyzed, the constitutionality of the restrictions imposed on the exercise of certain fundamental rights of inmates in our system
"Fundamental rights is understood as constitutional regulations as a set of basic and indispensable values, at the same time, as the framework for the protection of subjective legal situations" under this context, "the concept of fundamental rights can be understood as two wayscomplementary. In the first place, as limits of what public authorities can do, it should be said that they regulate or regulate the action of public authorities. Second, in addition, they can be understood. In this way, fundamental rights require the State to provide the necessary guarantees for its realization, guarantees that in the case of inmates must be reflected within the framework of the prison regime assigned to each of them.
Developing
What do we understand by resocialization? The resocialization of the condemned is the principle made up of three sub -principles: as far as reeducation, rehabilitation and reinstatement refers (Urias 2011: 44).
In this line, "reeducation" refers mainly to the process by which the person acquires new certain attitudes that will allow him to develop his community in community;"Reincorporation" refers to the social recovery of the person condemned to certain penalty;and, finally, the "rehabilitation" represents the legal renewal of the status of the citizen that meets a certain penalty (Montoya 2008. 634-635).
In this way, rehabilitation still refers process through which it is reedu. Now although, what is the nature of resocialization? An important sector of criminal dogmatics considers that resocialization represents the preventive purpose that the penalty must fulfill or, for some, criminal law as a whole. This purpose is known as a positive special prevention, since the commission of crimes prevents through the generation of a “positive” change in the offender. At this point the difference between end and function becomes important. The "end" moves in a prescriptive plane or "must be";that is, it represents a value that bases and legitimate something;while the "function" belongs to the descriptive or "being" (Ferrajoli 2005: 322).
For this reason, the "end" of criminal or penalty law is composed of the values and arguments that legitimize the release of the punitive power of the State. Mention that if criminal law meets a purpose of special prevention or resocialization, that is, the Peruvian State is legitimized to exercise its punitive power to impose on certain sectors of people in this case the offenders a way of thinking or the assumption of valuesthat the State wanted;in order to prevent the commission of crimes. However, these arguments do not fit and oppose the constitutional state model that respects the autonomy and freedom of citizens’ thinking (Ferrajoli 2005: 272).
Thus, criminal law cannot be sustaining in a value that implies forcing the changing of values and thoughts. However, our Constitution points to us that resocialization is a preventive means of the penalty or part of the criminal system process as a whole. On the contrary, it limits its field of application to a certain penalty and to a certain phase of application of criminal law. Thus, the Constitution recognizes “the principle of the penitentiary regime is aimed
conclusion
The penitentiary regime is aimed. To this extent, resocialization is a principle that is limited to the deprivation of liberty (hence its reference to the penitentiary regime) and the execution of said penalty in a prison center. In this context, the principle of resocialization is a guarantee of the condemned to a deprivation of liberty addressed to the State and, especially, to the officials of the prison (Meini 2009: 310). This principle requires that the execution of a deprivation of liberty is accompanied by various mechanisms oriented to two objectives: on the one hand, promote that the jail is as repressive as possible, and thus decrease its stigmatizing effect (Ferrajoli 2005: 271);And, on the other hand, that the deprivation of liberty is accompanied by mechanisms that make it possible for the person to participate freely in social life and offer alternatives to criminal behavior (Mir Puig 2011: 144).
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