Functionalist dogmatics and criminal policy: a proposal based on human rights

Abstract

In this paper I intend to reflect on the inability to contain the ius puniendi of the State by functionalist dogmatic currents. Point out what are the reasons of the penal system itself that have led to leave a free letter to the legislator, which has led to an unbridled punitiveness and what fundamentals are proposed to build a more rational criminal response. By reviewing the current spiritual situation of criminal dogmatics, the questions of the method and the object of study of this branch of knowledge, we come to the conclusion of an improper relativism of a knowledge that is intended to be scientific. The rational proposal against this relativism is a Criminal Policy based on human rights.