
The Colombian Constitutional Court has identified the penal system as being in a state of crisis since its inception. However, the concept of a “perpetual crisis” risks obscuring the normative and ideological transformations that have shaped distinct periods of penal growth. This article undertakesa genealogy of these phases, tracing the evolution of each crisis from its origins to the recent declarations of unconstitutional states of affairs. It examines four critical periods, uncovering the mechanisms that have legitimised and driven penal expansion and inflation. Among these, the articlehighlights the role of discourses of security, victims’ rights, and anti-impunity in the production and perpetuation of the current crisis. Further, the article reveals the paradox embedded in these declarations: through appeals to proportionality, victims’ rights, and security, punishment is framed as a legitimate practice, even when it fundamentally contradicts the principles that underpin theauthority of the constitutional order.
estado de cosas inconstitucional, Crisis penitenciaria, derechos de las víctimas, expansión punitiva, Latin America. Spanish America, K, Law, F1201-3799
estado de cosas inconstitucional, Crisis penitenciaria, derechos de las víctimas, expansión punitiva, Latin America. Spanish America, K, Law, F1201-3799
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