Publicación: El hacinamiento carcelario dentro del marco del Estado Social de Derecho
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In Colombia, we have seen significant progress against the prison and penitentiary system, offering greater guarantee the current regime, in that it is established under the Constitution of Colombia of 1991, which introduces the concept of a social state of law whose purpose Foremost is the protection and respect for human dignity, work and solidarity of the people within the territory. In this article the transition undergone by the 3 Colombian state against the prison regime, its current situation and the main difficulties which have arisen in development of it, its causes and consequences that this entails for people who are deprived be indicated freedom and protection of their fundamental rights. For which use of a deductive research method that allows to study broadly the prison and penal system in Colombia, from its beginnings to the implementation and enforcement of the standards developed in an implicit rule of law is. Concluding preliminary; if it is true, Colombia has standards that regulate, protect and preserve the rights of people who are deprived of freedom and specifically may be inferred that there is a guarantor prison system, in practice the lack of government policies is evident and protection mechanisms that lead to the best results in implementing the system, otherwise people who are deprived of freedom, they would not go to the tutela to ensure proper fulfillment of their rights.