The “new criminal question” and the challenges of a protectionist criminal science
DOI:
https://doi.org/10.17230/nfp.10.82.6Keywords:
Garantismo, ciencia penal, política criminalAbstract
In this paper, the authors address an analysis of the current state of criminal law, based on an analysis of the discourses that support the expansion of the punitive power of the State, contrasting them with the view of those who advocate for the restriction of the criminal law based in the believe that the criminal law is a set of safeguards for citizens. Finally, they explain the underlying reasons for why only a limiting view of the punitive power of the State through the criminal guarantees, becomes useful to establish measures of legitimacy of state procedures.
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