Acerca de la constitucionalidad de la prisión permanente revisable (PPR) en España

Abstract

The reviewability of the permanent prison introduced as a new sentence in the modification of the Penal Code in 2015, has been questioned since its incorporation. The pronouncement of the Spanish TC on viability and constitutionality has not been an obstacle to arousing broad debates and positions in relation to certain constitutionally enshrined principles such as dignity, resocialization or equality and for having been used as a social stabilizing tool before certain social pressures. In this work, through an inductivedeductive method, I will analyze some of the pronouncements made by the scientific doctrine and the existing jurisprudence, as well as other statistical documents found in monographs, specialized magazines, among others. This is intended to study the social circumstances that decisively influenced a criminal policy of great populist and propagandistic skills. We will reach the conclusion of the inadmissibility and unnecessaryness of an excessively rogorist sentence that should be expelled from the criminal system, in light of the decreasing criminal data existing both at the time of its adoption and later, resulting in a model of life imprisonment with greater hardness of those existing in neighboring countries. Likewise, we can conclude that we are faced with an unnecessary and vaguely justified sentence, the result of a repressive, radical and inflexible criminal policy that, used as an expansive tool of criminal law, aims to achieve a climate of citizen security.