La discusión en torno al estatus jurídico conceptual o naturaleza jurídica de la pena natural (poena naturalis)

Cadernos de Dereito Actual 16:322 - 344 (2021)
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Abstract

In the present work I am interested in addressing a specific aspect within the conceptual problem that poena naturalis implies. In other words, here I will answer the question about what is the poena naturalis. We can be recognized three theories: one that affirms that the poena naturalis is a compensation for culpability, another according to which the poena naturalis is the product of clemency or compassion, and the last that defends that the principles of legality, proportionality and rationality allow justifying the poena naturalis. I will stop at each one of them in order to carry out a critical examination that will allow me to conclude which is the conception that best supports natural punishment.

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Manuel Francisco Serrano
Universidad Nacional de San Luis

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