La limitada capacidad del concepto de populismo punitivo como herramienta de interpretació n del sistema penal colombiano
In the different attempts leading to explain the recent evolution taking place in the shaping of criminal punishment systems and the reformism concerning this matter currently exhibited in several Western Hemisphere countries, the so-called punitive populism concept as an analytical tool has been pr...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5763568 |
| Source: | Criminalidad, ISSN 1794-3108, Vol. 58, Nº. 3, 2016, pags. 21-35 |
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| Summary: |
In the different attempts leading to explain the recent evolution taking place in the shaping of criminal punishment systems and the reformism concerning this matter currently exhibited in several Western Hemisphere countries, the so-called punitive populism concept as an analytical tool has been proposed. However, its explanatory capacity seems to be reduced from a theoretical point of view by reason of its difficult determination and differentiation of other concepts, as well as from the practical standpoint due to its insufficiency in explaining the recent trends concerning the idea of punishment. For this reason, this article is aimed at problematizing the analytic ability offered the punitive populism concept from a theoretical analysis in contrast with the most recent policies in Colombia and the criminal reforms with the sharpest impact since the implementation of the present Criminal Code in force. From the foregoing it can be concluded that the punitive populism concept does not imply something new as compared with other ideas previously used in Colombia, and that its formulation capacity is poor in explaining the country's criminal policy. |
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