O retributivismo da punição na Doutrina do Direito

Abstract

The present study aims to analyze the Kantian response to the problem of punishment. Such a problem consists of how we can justify the application of a reprobative retributive damage to a transgressive agent by the State. To this end, I will focus on the work Metaphysics of customs and some commentator texts on the work and the subject. The analysis aims to highlight the contribution made by Kant to the problem of the justification of punishment, in addition to assessing the positive and negative points of considering the philosopher's response. At first, the problem of punishment will be exposed, followed by the justification proposal presented by Kant. In the third part of the study, we will highlight some positive points found in the Kantian proposal followed, evidently, by the highlight of the negative points of this proposal. In conclusion, the philosopher seems to present important concepts that, I understand, must be considered by contemporary responses to the problem of punishment.