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Latin American Law Review
Article . 2025 . Peer-reviewed
License: CC BY NC ND
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Latin American Law Review
Article . 2025
Data sources: DOAJ
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Crisis perpetua: Una genealogía del estado de cosas inconstitucional en las prisiones colombianas

Authors: Valeria Ruiz Pérez;

Crisis perpetua: Una genealogía del estado de cosas inconstitucional en las prisiones colombianas

Abstract

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.

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Keywords

estado de cosas inconstitucional, Crisis penitenciaria, derechos de las víctimas, expansión punitiva, Latin America. Spanish America, K, Law, F1201-3799

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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