Abstract

FERNANDEZ VANEGAS, Héctor Gabriel. Rethinking the Principle of Criminal Legality: Risk Society, Crisis and Relativization. Rev. Fac. Der. [online]. 2021, n.50, e108.  Epub Jan 01, 2021. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n50a8.

The post-industrial society generated the creation of new risks that coexist in our daily activities and that can have fatal consequences in our existence. Among the consequences resulting from this society we can observe the inevitable expansion of criminal law, the excessive creation of criminal types of danger and the relaxation of procedural guarantees. These circumstances shake up, among other things, the principle of legality, which has historically been conceived as strict compliance with the parameters established in the law and a limitation on the discretion of justice operators. An exploratory and descriptive methodology has been used, using the historical method, logical analysis and exegetical legal analysis, to determine how post-industrial society has had a direct influence on making this guarantee more flexible, to the extent that, in practice, it is increasingly being sacrificed in favor of criteria of criminal efficiency and not impunity.

Keywords : Risk Society; Principle of Legality; Post-Industrial; Criminal Law; Procedural Guarantees; Justice.

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