Venezuela has two types of prisons: a prison regime ruled by a hierarchical organisation of armed inmates and the securitised ‘New Regime’ system under the control of the Ministry of Penitentiary Services. This article uses a comparative approach to examine how legitimacy is constructed in these competing yet co-existing prison regime formations in Venezuela. Both the Venezuelan state and the prisons under ‘carceral self-rule’ legitimate their respective carceral orders through discourses of left-wing emancipation that correspond with different phases of the Bolivarian project. Yet contradictions emerge from these legitimising discourses and neither regime conforms to its respective discourse of participation or socialism. In the state-abandoned, violent and hierarchical prisons under carceral self-rule, prisoners are only partially empowered, while in the New Regime prison types predation at the hands of one's fellow inmates is replaced by the violence of the ‘humanising’ state.