Abstract

CESANO, José Daniel. Legalidad y control jurisdiccional. Construcción de garantías para lograr un "trato humano" en prisión: Reflexiones a partir de la realidad carcelaria Argentina. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.111, pp.777-799. ISSN 2448-4873.

Today it is known with greater scientific rigor, which are the effects that prison produces in those who suffer it. Thanks to this knowledge, it is possible to design a penitentiary policy that is more realistic than those policies which seek un attainable pretensions that just transform themselves into being strategies that legitimate the present situation. In this essay, the author analyses the specific issues that characterize the regulation of the principles of legality and judicial control in Argentina's penitentiary legislation, with the purpose of showing the importance of these concepts as instruments to construct a space of guarantees that assure for inmates a human treatment in prison.

Keywords : legality principle; judicial control; guarantees; penitentiary law.