CHILEAN PENITENTIARY SYSTEM: TOWARDS A NEW CONCEPTION FROM A SOCIAL JUSTICE PERSPECTIVE

Abstract

The purpose of this research was to critically analyze the Chilean prison system in order to propose a reflexive response through a social justice approach. By virtue of the above, it was found that the penitentiary system in Chile is insufficient to qualify as fair, since the shortcomings derived from the prevailing notion of retributive justice fail to address the problem in its full context. However, a social justice approach would allow for mitigating the negative retributive effects of the system, contributing to the correct distribution of resources, and ensuring recognition and participation for the common good of the prison community. This research is divided into three sections: the first deals with the deficiencies of the penitentiary system in the light of a justice approach; the second deals with the conception of social justice, developing its foundations and applicable dimensions; and the third deals with the incorporation of social justice in the chilean penitentiary system. Finally, as for the methodology used, the documentary type was applied with a legal dogmatic method.