HISTORICAL AND IDEOLOGICAL ANALYSIS OF A QUADRATURE OF THE CONCEPTUAL CIRCLE IN THE INDO-AMERICAN COUNTRIES: FROM CRIMINAL RIGHT OF AUTHOR TO CRIMINAL RIGHT OF ACT AND VICEVERSE

Patio G.R. · Revista Notas Historicas y Geograficas (2022)

Resumen

In contemporary criminal dogmatics, the criminal law of act has been advocated as a guarantee principle and, correlatively, the proscription of copyright criminal law has been praised as a conquest of liberal or democratic criminal law. However, a serious problem appears when the criminal issue projects another reality in the countries of the region, which has to do with an all-encompassing criminal penalism and the hypertrophic and hyper-punitive tendencies of the legislator regarding pre-selected criminal behaviors, which delineate a voracious expansionism; the selectivity of the criminal reaction to the detriment of said persons; and the degrading application of criminal punishment against individuals belonging to disadvantaged social groups, which shows that the prohibition of copyright is not true in reality. Special reference is made to the Peruvian case because it is the author's nationality and, therefore, to know him better, emphasizing that the criminal reality in the countries of the region can be considered as the same unit of analysis for the reasons mentioned.

Instituciones: Universidad de San Martín de Porres