DIREITO PENAL E A REABILITAÇÃO DOS PRESOS A PARTIR DE KANT

Abstract

This article aims to demonstrate the importance of criminal law, whose modern systematization is north to the current legal systems. In this sense, the text will address the idea of a justification of the right to punish from Kant's theory. In this line will be approached the Kantian theory of the punishment in broader vision than the reductionist idea of the revenge thought by the critic made the thesis of Kant of ius puniendi. Thus, it will be demonstrated that the theory of law can support, through the idea of freedom, the coexistence between retribution, prevention and rehabilitation for Criminal Law in the light of Kant's philosophy.