LA CRISIS EN EL PODER PUNITIVO Y EJECUTIVO PENITENCIARIO EN EL TRATAMIENTO DE LOS ADULTOS MAYORES EN LA REALIDAD ECUATORIANA
We must begin, in order to understand the scope of the study of the problem posed in this research project which concludes with the final report, first defining characterizing the issue related to what is called "elderly", as the term age was stopped using for feeling derogatory and demean...
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| Format: | masterThesis |
| Idioma: | spa |
| Publicat: |
2016
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| Accés en línia: | http://dspace.unl.edu.ec/jspui/handle/123456789/11938 |
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Afegir etiqueta | Sumari: | We must begin, in order to understand the scope of the study of the problem posed in this research project which concludes with the final report, first defining characterizing the issue related to what is called "elderly", as the term age was stopped using for feeling derogatory and demeaning, so does the term "elderly" which is a very strong term, it is even considered that everyone, from sixty-five years of age is considered: A old man. As we stated in our research project and today we return in the next report, the Pan American Health Organization (PAHO), considered "elderly" to "those who have sixty years later as the Organization of Nations United (UN) calls this human group as "Aging" in accordance with resolution 50/141. Most definitions on aging emphasize the biological aspect and suggest that "a gradual process of change unfavorable physiological and anatomical level, product of time and invariably ending with death." For the psychologist this definition is limited, as their interest goes beyond considering old age as a limiting number of behavioral phenomena, or a greater likelihood of death. Currently due to the development of science and technology, in terms of medicine, industry, etc., it has increased life expectancy at birth and thus the aging population. The representations that society has of old age and the physical and psychological changes that occur make the elderly often feel that society away from one day went and built, and appearing feelings of worthlessness and existential xvi 17 emptiness. Education in the elderly is a healthy process and contributing to work on the basis of self-development, as potential, self-worth, self-knowledge, everything related to cognitive and affective sphere, promoting well-being in the elderly and looking like a primary necessity today. Aging is a process of change determined by physiological, anatomical, psychological and social factors. Changes that occur with aging have a biological origin and others are rather a result of the combination of many factors that are interrelated, such as premature loss of functional skills disuse, acute and chronic diseases, social migration, malnutrition, poverty, social factors, among others. Our research work has raised study problem precisely in the contradiction between, psychological, biological conditions of the elderly and the punitive system applicable if a senior has been convicted of a crime, as the Ecuadorian substantive criminal system , seen as form of punishment and reward the offender, so called harm inflicted on society, the imprisonment, without considering in any way, aspects of his personality before tax, as is for example the age the convict which violates constitutional principles that are analyzed in the development of this work. The obvious reality has shown that prison sentences are a historical failure: not only do not socialize but, from the sociological research conducted, have provided valuable data to prove otherwise and depart from the fundamental principles of modern penology which focuses on man and the environment to which entity must devise and implement rehabilitation processes, focusing in any case his human condition. xvii 18 On the other hand you may notice that the custodial sentences running in prisons are not only detrimental to the inmates, but also for their families; especially when the internment represents the loss of income of the household head. It has been shown that another aspect that has contributed to the current crisis is caused by the lack of social interest to the problem of physical structural development of prisons, which is not limited to the common prison environment, it reaches people whose position is the outline of state policy in this area. Clinical examinations by classic personality test have shown the negative effects of imprisonment on the psyche of the damned and the correlation of these effects on the duration of this. The deplorable conditions in which the prisoners live in rehabilitation centers a significant number of prisons evidence that there is much to be done towards the improvement of the prison system in Latin America and specifically in regard to our country. In this sense some authors have proposed framing the prison issue in the broader context of social policy, criminal policy and public security as well as fight for the classification of convicts and especially the individualization of punishment; selecting and increasing the number of prison officials, mainly custodians, and in step train and provide better working conditions, regular training, prison service and a salary commensurate with the importance of their work and risk. In the above the humanization of imprisonment adds, since the protection of human rights is an imperative constitutional and international law. xviii 19 We believe that the detention as a sanction shall not constitute it only response of States to criminal behavior as criminal sanction substitutes as criminal law embody a modern, man-centered and the guarantee of human rights. The research process we have developed, has enabled us to meet the objectives and also the verification of the hypothesis, all of which allows us to assert today that the Ecuadorian criminal law, is insufficient in relation to the rehabilitative aim of promoting State, in the elderly, because it has gaps, in terms of unregulated alternatives and alternative sanctions. In this sense it is urgent to reform the Penal Code which provides for a more restrictive application of prison sentences, thus developing the principle enshrined in section 11 of Article 77 of the Constitution of the Republic of Ecuador which stipulates in relevant part: "... alternative sanctions be applied according to the circumstances, the personality of the offending individual and the demands of social reintegration of the sentenced person. |
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