INTERPRETACIÓN DE LA NORMA PENAL, PRINCIPIO DE VIGENCIA Y CRÍTICA LEGISLATIVA

Abstract

The principle of validity in the interpretation of criminal law obliges the legal operator to carry out an exegesis of the rule that gives meaning to it facing other alternatives, what concludes by reducing the existence of the commented precept to absurdity. Like the principle of conservation of norms in constitutional doctrine, the aim is to avoid the invasion of competences and the division of powers between the legislature and the judiciary. In the criminal field, however, this principle is taken into consideration to a lesser extent thanks to the great relevance of the axioms of legality, in dubio pro reo and the prohibition of analogy. In this contribution, a proposal is made to ensure that recourse to the protection of constitutional guarantees does not become an easy way to derogate the application of the criminal law in the specific case at the will of the interpreter.