UBACyT research projects
Starting date of the project
July 1, 2011
Ending date of the project
June 30, 2014
Code
20020100100176
Type of project
Consolidated group
Title
Quality measure of pain during time done in prison.
Director
Eugenio Raúl Zaffaroni
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Gabriel Elas Ganon | Researcher trained |
| 2 | Ana Messuti | researcher trained |
| 3 | Pablo Andrés Vacani | researcher trained |
| 4 | María Jimena Andersen | Research thesis student |
| 5 | Ramiro Gual |
Investigator in training |
| 6 | Gabriela Gusis |
Investigator in training |
| 7 | Máximo Lanusse Noguera |
Investigator in training |
| 8 | Diego Luna | Investigator in training |
Keywords
Compensation
Abstrac time
Quality time
Abstract
Once verified a crime it is the judge who defines the measure of the pain. The relation between the social damage caused by the infraction and punishment equals a specific amount of time in prison. The lost of freedom as an egalitarian value acts as “the same price for everybody” in market. Punishment measured in time units acts as money, each crime deserves a certain amount of duration (days, month, years). Nevertheless, if the measure has been defined as freedom deprivation, it is important to verify the effects that measure should suffer if during that time the person becomes a victim of the restriction of other fundamental rights (health, individual security, physic integrity). The object of protection by the human rights system must be guaranteed by a theoretic model which allows verifying the effects that arbitrary treatments should have on the measure of pain execution restricted to duration (abstract conception of time). Therefore, the quality measure is presented as a theoretic notion that obliges us to check the quality of time lived in prison beyond the mere duration. The conclusions of this paper affect the legal fiction of progressivism principle (in pain execution). This legal principle establishes that the sentenced person should be allowed to develop his life in a way that progressively makes him reinsert in society. Nevertheless the detention conditions make impossible to achieve that legal expectative. Because of the former, it is essential to create a method to comprehend that time inside prison is different from the abstract time taken into consideration when measuring the amount of time at the moment of sentencing. Instead of arithmetic, investigation must focus on the punitive practices localized on the space which defines the particular history of each person inside prison. The objective is to compensate by reducing the time to do in prison taking into consideration the afflictions suffered.