El Ideal Resocializador

This paper intends to look at compelling circumstances that make a person more vulnerable than other to end up in jail by adopting a critical perspective over the concept of re-habilitation. Not everyone can be stopped, not all crimes are penalized, not all criminals are in prison. And for those who are released from jail reentry seems inevitable in a high percentage of cases. The failure of the re-socializing function is constantly evident, and the very justification of prison's existence proves impossible. Notwithstanding, we also witnessed the development of "zero tolerance" theories and policies as well as a reinforcement of the “Criminal State” instead of the “Social or Welfare State”. Thus, this article intends to reinforce the academic study of coherent and realistic legal reconfiguration of prison actors and operators' activity in order to improve current conditions of confinement. This article is based on a case study of Cordoba's prison which shows the anti-democratic and de-socializing logics inside jail. It also proposes structural changes and a review of the re-socialization concept so it could be respectful of human rights.