De nuevo sobre la prisión permanente revisable. El febril proceso legislativo realizado para la materialización de la ley orgánica 1/2015, de 30 de marzo

Abstract

The processing in the legislature of the life imprisonment bill, and the subsequent ruling on its constitutionality handed down by the TC through STC 169/2021 of October 6, has authorized in Spain the possibility of imposing a type of punishment that was thought to have been overcome. The reasons for its rejection have been widely developed by the doctrine. In this article, we will change the focus and concentrate on what happened in the legislative process, from the pre-legislative moment, through the legislative phase itself and what could have been done in the post-legislative stage to avoid the incorporation of this regressive type of penalty. The analysis of the first two moments or phases reflects a chaotic procedure, unsubstantiated and without arguments to demonstrate its necessity and convenience, where the overwhelming criterion of the majority rule prevailed. The third phase shows the no strict application of Constitutional 88, and a deviation of the TC in the application of its own jurisprudence.