Abstract
The current text presents an initial reflection on the importance of the Penal Law and its principles, expressed or implicit in a positivistic perspective. They should be understood as informants of all the juridical order with the capacity to ascertain the validity under constitutional class rules, occupying, in this way, a hierarchically superior place. It will also be considered, the bond between Penal Law and the recognition of the principle of the dignity of the human person, especially regarding the right to intimacy. The technique used to the bibliography
Highlights
In the opinion of Mir Puig, Criminal Law consists in a form of social control sufficiently important that is monopolized by the State and, on the other hand, it constitutes one of the
Criminal Law started to be considered as a true instrument of defense for the fundamental values of the community, where its purposes should only be used in considerably serious attacks on these values, in a limited and controlled form by the “rule of law”5
September 1998. pp 02/03. 21 “It is true that the retributive nature of the penalty, as a form of social example, should not be overlooked. It must be mitigated by the need for social reintegration of the condemned with respect for the dignity of the human person and, even because, in our country, in times of peace, there are no perpetual or capital punishment, from which the certainty of the return of the condemned to the social bosom, the situation for which he must be prepared in the best possible way”
Summary
Criminal law is not a set of static norms ordered aesthetically, but is part of a complex and dynamic system fulfilling concrete functions within social relationships. Criminal law is the ultimate ratio of a state’s legal system, constituting the instrument with the greatest power to achieve the objectives which are set and demanded by the political community. Criminal Law started to be considered as a true instrument of defense for the fundamental values of the community, where its purposes should only be used in considerably serious attacks on these values, in a limited and controlled form by the “rule of law”. Political and religious interests of the church used the Criminal Law as an instrument for achieving certain purposes to some extent in much of the pejorative connotation of criminal science that moved through this turbulent and dark period. Many were the principles of criminal nature that originated in the Enlightenment period, principles which are considered as the foundation, i.e. they are considered as the foundation of the entire legislative structure
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