La valutazione del "merito" nella cultura giuridica dell'amministrazione penitenziaria: una analisi empirica sul regime del 41 bis

The special regime regulated by art. 41-bis ord. pen. marks a complex intersection between administration and jurisdiction. The administrative power to organize and control the area of punishment is opposed to the sole legitimacy judicial control of the discretionary action. Although the legal penitentiary field is driven by a will of jurisdictionalization to protect the prisoners constitutional rights, there are areas managed in an "autarkic" form by the prison administration through the infralegislative source of the "circular". The present analysis aims to contribute to the study of these two normative dimensions that cohabit in the space of the special circuit. Conceptually characterized by a supremacy of the bureaucratic authority and "created" by a suspensive regulation, the administrative agent decides for prevalent and non codifiable reasons of security and of fight against organized crime.