Las personas privadas de la libertad como grupo vulnerable y la aplicación de los regímenes de rehabilitación social abierto y semiabierto,

Abstract

Background: The present investigation corresponds to the branch of Procedural Law, and is oriented to the study of social rehabilitation regimes, open and semi-open, with respect to persons deprived of liberty, their rights from the point of view of their belonging to the groups of priority attention. The objective of this research is to establish the legal basis for an adequate construction of the social rehabilitation system. Within the methodology used in this work were applied as theoretical methods, the historical-legal method, the legal-doctrinal method and the legalcompared method; as well as empirical methods. The result obtained from the present investigation evidences the need for an urgent reform to the regulation of the National System of Social Rehabilitation with respect to the requirements, procedure and control mechanisms applied for the access of the inmates to the regime of open social rehabilitation and half-open As a conclusion we can specify that the current penal legislation is limited in reference to the procedure of application of the social rehabilitation regimes and that there is no uniformity in its application by the Judges of Penitentiary Guarantees at the moment of granting the social rehabilitation regimes; and as a practical contribution, a legislative innovation is proposed to lay the foundations for a reform of the Regulation of the National Social Rehabilitation System both in terms of the requirements and the procedure to be applied in the application of social rehabilitation regimes.