José David Castro Huamán, Carmen Marleni Vargas Luis
DOI: 10.59427/rcli/2023/v23cs.2939-2948
The resocialization of the inmate is a pending constitutional principle that places the judiciary in question. The policies applied by the Judiciary (PJ), the Public Prosecutor’s Office (MP) and the National Penitentiary Institute (INPE) and all the logistics of the State, mark a gap between the initial dangerous state of delinquent and the final achievement of the resocialization of the inmate for re-entry into society. The objective of the article was to analyze the achievement of the principle of resocialization of the prisoner in Peruvian prisons for their safe and peaceful reintegration into society.The study methodology consisted of applying a survey with 5 questions addressed to ex-inmates and family members who frequently visited the prison, then consulting information in validated sources, organizing the results, applying critical-complex thinking and comparing the results of the investigations with the national social reality. The legal analysis method was used. The State’s struggle with all the legal mechanisms and logistical potential has not achieved the constitutional sub-principles of re-education, rehabilitation and reincorporation of the released prisoner into society despite having a high economic budget. On the other hand, the same society making a current of opinion repudiates the offender but allows the crime. Release without achieving reintegration into society violates the principle of constitutional law of administration of justice that Peruvian society rightly demands because it generates a society convulsed by common crime and corruption in some spheres of the administration of justice, postponing the development of the country. Finally, some measures are proposed that will allow a change towards a substantive improvement of the justice administration system. It is about the reality of prisons that are cold and isolated towards dynamic prisons of the school-factory model, that is, consumer prisons towards producer prisons; achieving resocialization and transforming from an exclusive society to an inclusive one. For this, in the judicial resolutions, the route of the sub-principles must be reflected: re-education, rehabilitation and reintegration to achieve the constitutional principle of the re-socialization of the inmate.
Pág 2939-2948, 01 Dec
