El principio de proporcionalidad y ponderación de la pena entre la mirada retributiva y restaurativa

Abstract

The Principle of proportionality and weighting of the sentence, as complex, paradigmatic and paradoxical is the result of a portentous philosophical, legal and jurisprudential creation, this accounts for a strong argumentative, significant root that may well support, the determination of the penalty in restorative and retributive justice models. It consecrates the imperative of prohibition of excess, of punishments and crimes, for which reason it establishes an effort of creativity, alternativeness on the part of judges and legislators, in punitive adjudication. In addition, it must be incorporated into penalties, as a citizen social institution, also co-responsible for the sanctioning task.