Control constitucional y el sistema carcelario a la luz de los derechos humanos.

Abstract

In Ecuador, because of the last reform to our constitution, we are immersed in a neo constitutionalist current, which has led us to defend a guaranteeing position, based on and fully respecting human rights. As for the penitentiary system, we have seen the great crisis it is suffering in all Latin American countries. It is evident the prison problem that we suffer because the situation of people deprived of liberty, awaiting their respective trial is very unfortunate; many of them still do not have a firm sentence that declares them guilty, so, before the law they are innocent. However, we see how life inside the prisons violates any right to human dignity to the point that it has become a very complicated task for the Ecuadorian State to control. After the Constitution of Montecristi we have seen how the state must adopt a much more protective role, because hierarchically we are limited to pretend to act with an iron fist. In spite of the great criminality that our country is experiencing, the constitutional control that should be applied has become somewhat confusing, because our constitutional norm and the international treaties to which we are subject prevent us from many alternatives to carry out an efficient system in which we can eradicate in a hard and rigorous way the criminality that our country is going through, and in this way we hope that the control of the prisons returns to be part of the state and not of the PPL.