THE CRIMINAL EXECUTION JUDGE AND THE IMPLEMENTATION OF PENITENTIARY BENEFITS

Abstract

This research seeks to scrutinize the doctrinal and jurisprudential treatments of the execution of the sentence, stopping at the ideological criteria of the administrativeization of the execution of the punishment, especially those that correspond to the deprivation of liberty, typical of a pre-modern State that favors the abusive exercise of the disciplinary power of the penitentiary administrative authority and that leaves aside the exercise of the rights of the perpetrators of the crime, not compromised by the law and the nature of the sentence imposed, as well as their fundamental rights, which the Constitution and international treaties recognize and protect; reaching the conclusion that its illegal application within a democratic State of law, which requires and imposes on the State the judicialization of the execution of the punishment, through the Criminal Execution judge as a jurisdictional tool that makes effective the protection of freedom and human dignity of the convicted person, which constitutes the superior principle of all constitutional rights and which is recognized by international instruments.