Currently criminal law is constantly expanding, caused by the increase of the criminal, inflation and populism punitive criminal phenomenon in Colombia, has been reaching levels of overcrowding in prisons overflowing with serious implications for human rights of inmates, this situation is caused by the profound transformation in Colombian society generated by the rise of neoliberalism in the economy, culture and politics-and neoconservatism, which he attributed to the criminal justice system and the prison new features different from those accepted in the traditional discourse.