Los Sistemas de Vigilancia Electrónica como Sustitutivos de la Prisión Bajo una Perspectiva Anaĺıtico-Económica del Derecho

On July 28, 2007 was approved by the exe-cutive law n.º 1142, with the aim of adopting measures to prevent and suppress criminal activity of special impact for coexistence and citizen security. in this law (article 50) are incorporated electronic surveillance me-chanisms as a substitute for the deprivation of liberty, thus creating an alternative to the features “stigmatizing” and “exclusive” intra-mural prison. the newest citizen security law (1453) made some changes to this legal standard, limiting this benefit by expanding the list of offenses that make replacing the unfair deprivation of freedom and the inabi-lity to be benefited more from once with the same substitute, however, consistent with constitutional doctrine (c-185/11) is mode-rated some requirements related to payment of the fine and compensation for damages by the insolvency of the offender.However, the Constitutional Court sin-ce 1998 (t-153) had declared unconstitutio-nal state of affairs in the country ́s prisons, based on the inability of inmates to enjoy a decent life as a result of overcrowding. This article aims to demonstrate how through electronic surveillance reduces the problem of prison overcrowding and the economic implications underlying this im-plementation, its benefits and its shortco-mings