We do not discover anything new when we point out that the jurisdictional operators when deciding on the freedom or imprisonment of the defendants are affecting transversal human rights. But let´s stop for a while: the problem is not constituted by norms or principles; how the judges operate on them has become a kind of Russian roulette that directly affects the procedural subjects under their jurisdiction. This lack of proportionality and reasonableness in the criterio they take directly collides with two variables: the predictability of court decisions and legal certainty. Consequently, those affected are the human rights of the inmates. Even more so if we take into account that in our country prison rehabilitation centers resemble Nazi concentration camps.

We do not discover anything new when we point out that the jurisdictional operators when deciding on the freedom or imprisonment of the defendants are affecting transversal human rights. But let´s stop for a while: the problem is not constituted by norms or principles; how the judges operate on them has become a kind of Russian roulette that directly affects the procedural subjects under their jurisdiction. This lack of proportionality and reasonableness in the criterio they take directly collides with two variables: the predictability of court decisions and legal certainty. Consequently, those affected are the human rights of the inmates. Even more so if we take into account that in our country prison rehabilitation centers resemble Nazi concentration camps.

Although it is important that the child is with his mother during the first years of his life, but this right as much as the mother as the child collides when the mother is serving a sentence,because the prisons do not have the infrastructure or the personnel to guarantee, protect, provide and cover the basic needs of the inmates themselves, much less those of a child as their, health, education, recreation, among others.This is where the participation and interest of the State as administrator in charge of safeguarding the rights of all citizens and protecting the Principle of the Higher Interest of the Child determines the decision of any person and the law, more favorable to safeguard and protected their interests.

The pandemic situation that the planet is going through has overwhelmed all the health facilities and programs. The penitentiary detention centers have not been oblivious to this reality. To the known problems of an infrastructure overwhelmed by the inmate population and to the scarce medical attention that a high percentage of infectious-contagious diseases brings, this new virus is added, the full effects of which are unknown. It is also worrying that a high number of the prison population is still facing sentencing processes: due to excessive abuse of the preventive detention mechanism and the almost null application by the judicial operators of the principles of proportionality and reasonableness. Jail is the exception. The judges have made it the rule.

Although it is important that the child is with his mother during the first years of his life, but this right as much as the mother as the child collides when the mother is serving a sentence,because the prisons do not have the infrastructure or the personnel to guarantee, protect, provide and cover the basic needs of the inmates themselves, much less those of a child as their, health, education, recreation, among others.This is where the participation and interest of the State as administrator in charge of safeguarding the rights of all citizens and protecting the Principle of the Higher Interest of the Child determines the decision of any person and the law, more favorable to safeguard and protected their interests.

The pandemic situation that the planet is going through has overwhelmed all the health facilities and programs. The penitentiary detention centers have not been oblivious to this reality. To the known problems of an infrastructure overwhelmed by the inmate population and to the scarce medical attention that a high percentage of infectious-contagious diseases brings, this new virus is added, the full effects of which are unknown. It is also worrying that a high number of the prison population is still facing sentencing processes: due to excessive abuse of the preventive detention mechanism and the almost null application by the judicial operators of the principles of proportionality and reasonableness. Jail is the exception. The judges have made it the rule.