Paper Title :Should Criminal Law Protect the Human Rights? An Answer Beyond the Truism
Author :Rodrigo Fuziger
Article Citation :Rodrigo Fuziger ,
(2018 ) " Should Criminal Law Protect the Human Rights? An Answer Beyond the Truism " ,
International Journal of Management and Applied Science (IJMAS) ,
pp. 51-53,
Volume-4,Issue-11
Abstract : This paper aims to approach Human Rights toCriminal Law, highlighting the apparent paradox regarding Human
Rights damage resulting from the criminal protection of them. Such a paradox does not subsist beyond appearance due to the
dynamics of the criminal system: ineffective in achieving the supposed purposes of punishment, but lavish in strike diverse
rights and diverse guarantees, which are within the Human Rights idea. It will be demonstrated how even movements
engaged in the protection of Human Rights started to use criminalization demands that saturated criminal law and,
consequently, decreased their effectiveness. Finally, the consequences of the increasing dysfunctionality of Criminal Law on
Human Rights will be verified, and what criteria for the use of Criminal Law, in their proper position of ultima ratio, would
be possible for a rational and effective protection of Human Rights.
Keywords - HumanRights; Criminal Law; risk society; legislative hyperinflation; punitivism
Type : Research paper
Published : Volume-4,Issue-11
DOIONLINE NO - IJMAS-IRAJ-DOIONLINE-14357
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Copyright: © Institute of Research and Journals
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Published on 2019-02-04 |
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