El acceso a los beneficios penitenciarios frente al principio de igualdad

Abstract

The penitentiary benefit of a semi-open regime constitutes a fundamental mechanism in the process of social rehabilitation of persons deprived of liberty. The resocializing purpose is recognized both by the national and international legal system, and its objective is to rehabilitate the offender so that he does not re-offend in the future, who despite his condition does not cease to be a subject of his rights recognized both in the Constitution and in international instruments, so that the State must ensure the respect and exercise of all the rights that protect him, such as the right to equality, both in its formal and material dimension. For this reason, in the development of this research work, the foundations of the pertinence and necessity of the penitentiary benefits, of the criminal type of psychological violence against women or members of the family nucleus, and the right to equality are analyzed and explained. The methodology used in the development of this research is of qualitative approach, for which it has been carried out the documentary review and analysis, which support it.