Visita íntima: un derecho fundamental de las personas privadas de la libertad

Abstract

The right to intimate visit of private liberty people is considered by the jurisprudence of the Constitutional Court as a fundamental right aimed at strengthening of individual and their family bond as a mechanism of resocialization, since it protects the right to privacy, sexual freedom, the free development of personality, health and family life during the detention; right that can be restricted or limited by the authorities based on the previous consecration in legal norms that have to be exerted in accordance with the reasonableness principles and proportionality, Therefore, all actions taken by state entities must be aimed at successfully completing the essential purpose of the State - inmate relationship, which consists in the reintegration into society of the inmate. Moreover, the right to intimate of the inmate must to be exerted within the limits of principles mentioned, which are aimed at maintaining order and security in prisons as constitutional purposes, and in that respect, its exercise must be guaranteed under certain conditions. This article analyzes the dynamic path of constitutional jurisprudence to reach at the conceptualization of the right to intimate visit.