Eficacia y pertinencia de la cadena perpetua frente a la violencia sexual contra niños y niñas

Abstract

This research article deals with an analysis of the effectiveness and relevance of the criminal measure of life imprisonment against sexual violence against boys and girls. For this reason, the concepts of effectiveness and relevance of the sentence are examined in the light of the theory of criminal law, finding that the effectiveness in this matter depends on the materialization of the purposes of the sentence, that is, resocialization, prevention general and special, and that relevance is subordinated to the adequacy of the measure with respect to the legal system. Based on the above, a view of the measure is introduced from a guarantee criminological approach, that is, taking into account the limits of criminal law and the guarantee of human dignity. Finally, the legal and doctrinal dogma of sexual violence against boys and girls is specified through its normative, jurisprudential and theoretical references.