The inheritance of Bricola and the criminal constitutionalism as a method. National roots and supranational developments.

Abstract

The constitutional perspective in Criminal Law, as the crime’s constitutional guaranties, was a Franco Bricola’s constant concern. Their scopes involve the deduction and induction superordinate rules and principles, like the strict liability only if the legal asset has a constitutional significance in criminal matters. In this way, the main systematic categories and the scientific criminal disciplines have been pervaded trough the “Guarantism” by the Magna Charta principles: from the liability, until the unlawfulness, across the categories, without forgetting the general part institutions, the Criminal Policy and even the Sociology of Punishment. Thereby, the constitutional orientation is the foundation and not just the limit in the criminal intervention, or as the limit of the Parliament configuration freedom in the construction of the criminal responsibility.