This article attempts to present a critique of ethical and legal implications underlying at the moment of declaring an unconstitutional state of affairs against the problem of overcrowding in prisons by the Colombian Constitutional Court, highlighting not only the massive violation of fundamental rights, but also the indifference with which operate citizens in Colombia, relegating to a minority of the population becomes vulnerable to the residual treatment of society and a State that refuses to solve that problem, citing a budget deficit and an inability of its institutions to face them; attacking on many fronts the work done by the Court in this important decision.