The Rationality of Criminal Dogmatic and Their Function as a Freedom Guarantee Normative Structure: an systemic approach to Criminal Law

The article deals with the rationality of criminal dogmatic and its importance, according to a reading based on systems theory, as a normative framework that fulfills the social function of guaranteeing freedoms and containing the advance of punitive power. Starting from the epistemological debate a...

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Bibliographic Details
Main Authors: Elisio Augusto de Souza Machado Júnior, Daniela Carvalho Almeida da Costa
Format: Article
Language:deu
Published: Universidade Federal de Santa Catarina 2019-08-01
Series:Sequência: Estudos Juridicos e Politicos
Subjects:
Online Access:https://periodicos.ufsc.br/index.php/sequencia/article/view/54370
Description
Summary:The article deals with the rationality of criminal dogmatic and its importance, according to a reading based on systems theory, as a normative framework that fulfills the social function of guaranteeing freedoms and containing the advance of punitive power. Starting from the epistemological debate about the scientific condition, through the bibliographic review, the objective is to analyze the importance that criminal dogmatic assumes as a criterion of rationalization, conditioning the construction of knowledge to the observance of theoretical assumptions that equate the need for the protection of legal assets. It is concluded that there is relevance in recognizing its scientific character as a strategy to give it greater legitimacy.
ISSN:0101-9562
2177-7055