Ciudadanía republicana: deberes generales y especiales regulados desde la esfera jurídico-penal

Abstract

On this paper the author reveals that a republican government model demands an active participation of their citizens, democracy must not be just understood in participation terms but Also deliberative ones. Also, under the same idea, citizens not only have rights, but also have obligations that are imposed by the government from that moment, some of them, from a legal-criminal sphere, some obligations are general (do not kill) and others are aimed at a closed number of people (civil servant). Therefore, the purpose of this work is aimed at deepening the notions of democracy and freedom that are inherent in a republican model of government, continued from a study on the general and specific duties of certain citizens and, in particular, it will analyze what is related to the civic duty of “Prudence of public servants” that brings with it a series of consequences for non-compliance. In this way, once a doctrinal and jurisprudential review of the issues avoided is prepared, it will be possible to conclude that in a republican model of government democracy must be deliberative, freedom will have to be understood in terms of “nondomination”, and the legal consequences for breach of general and special duties should adhere as far as possible to the idea of restorative justice.