Prison sentence for adults in Chile: Halfway between the special subjection and the position of guarantor the State with respect to the deprived of liberty

Abstract

The objective of this article is to determine to what extent the custodial sentence for adults in Chile has managed to make a transition from the old model of special subjection to the model of the position of guarantor of the State For this, the main elements and characteristics that emanate from both models will be exposed, which will be organized in eight structural axes. Subsequently, the imprisonment of adults in Chile will be analyzed, due to the elements and characteristics contained in each of the proposed organizational axes. Finally, the degree of evolution of the custodial sentence for adults in Chile will be established, between both models presented, with the purpose of solving the stated objective. Thus, in short, the main motivation of this paper is to present the main critical issues of the custodial sentence for adults in Chile, rooted in the classic theory of the relationship of special subjection, in order to promote the debate on the urgent need to move towards the model of the guarantor position.