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Abstract
The present study pursued as a general objective to examine the creation of the Ministry of Popular Power for the Penitentiary Service in the Venezuelan prison population. Following the prison conflict in the prisons Rodeo I and Rodeo II in Miranda State during the last five years (2012-2017), the National Government created the Ministry of Popular Power for the Penitentiary Service, according to Official Gazette N° 39,721, dated July 26, 2011, by decree N° 8,266. The methods used were determined by the general objective and the conflicts generated. From the empirical level: observation and analysis of documents. From the theoretical level: historical-logical and analysis-synthesis. The analysis related to the scenario, revealed the creation of the aforementioned Ministry irrelevant, since far from having constituted a solution to the prison problem of the country, it has been aggravated considerably by breach of its integral duty to lead to the needs the conception of proactive competences within the transversal axes that crosses the Penitentiary System. As a result, the development, formulation, execution of policies and strategies leads to the need to conceive them in the exercise of the fundamental rights of the accused and convicts, the rehabilitation of detention centers and the development of socio-educational programs.