The last reform of the Penal Process Organic Code, in which the progressive regimen for convicts of certain crimes had been added to the reform of the Penal Code in March 2005,are characterized by increases in prison terms and the elimination of alternative formulas for penal fulfilment in certain crimes. In this way a valuation of penal reform, in which the restriction of liberty for those tried and condemned occupies a privileged place, indicates that the Venezuelan State has moved towards a penal process and penitentiary execution which merely involve assuring the custody of prisoners in favour of citizen security.In this sense, it is of interest to evaluate the development of this reform from an ideal constitutional perspective in relation to the objective of penal execution, as well as in relation to the penal rights of the enemy, for the purpose of adverting possible similarities or differences.