Derecho penal y derechos humanos: círculos hermenéuticos de la pena

Abstract

Any criminal decision has been regulated by the unrestricted observance of the rule of law. However, when limited to text the criminal judge incurs, in many cases, in violations against the human rights for citizens who are been judging. This situation occurs because of the strict consideration to the legal positivism that has become the most common doctrine in the criminal circuit. The aim in this research is to demonstrate that there is a method more careful for the human condition where contexts are valued, particular situations are interpreted, and the compliance of inherent rights are guaranteed to anyone. This method has been called hermeneutics of punishment, where through three circles of analysis (method steps) there is a respect for particular situations without abandoning the legality of sentences and, indeed, a more ethical and moral treatment is in place for any judicial decision.