THE PARADOXICAL VALIDITY OF THE RESOCIALIZING DISCOURSE AND THE OPENING TO NEW HORIZONS OF PUNITIVE POWER

Abstract

The resocializing discourse that prevails in the Argentine legal system is seriously criticized due to the unfulfilled promises to resocialize the lawbreakers through the imprisonment. Its inefficiency allows us to affirm that we are within a period of deep and durable crisis that shows the failure of prison as a method of resocialization, which opens new paths of interpretations about the aims of the penalty of deprivation of liberty. In the context of this problematic issue, we will analyze two topics in this paper. First, we will study why despite the crisis of prison the purpose of resocialization with the imprisonment is still the dominant state conception. Second, we will reflect on how the crisis of the model leaves room for the rupture and reconfiguration towards other forms of punitive power control.