Reflections on the formal social control: revisiting the grounds of the right of punishment
DOI:
https://doi.org/10.12957/rfd.2013.4894Keywords:
Formal social control, reasons, justification, legitimate, right to punish.Abstract
The objective with this work, it is to foment the discussion about the urgent need tosearch for advancements in theoretical arguments which intend to justify the right to punish ofthe State and therefore the exercise of formal social control developed by the competent bodiesto exercise such a task – Penal System –, read: Police, Public Prosecution, Judiciary and organsof the Penal Execution System. This discussion goes through, inexorably, for the purposesassigned by the State and justifies their existence and the purposes assigned to the punishment,the main instruments used by the Criminal Justice System to exercise social discipline, perhapsthe main factor in the justification of the modern State. Important to note that this reflection onlyintends to face the problem of justification of Criminal Law as a form of social control and not,as it invariably does, to discuss the means by which such control is exercised by the institutionsand structure they have.Published
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