Reforma, principio de oportunidad, política criminal, Estado Social de Derecho, principio de legalidad

Abstract

The aim of this text intends to include benchmarks to help implement an epistemological exercise of rapprochement between the principle of opportunity and the criminal policy, a binomial which insists on the reform bill to criminal procedural law. An analysis of the principle of opportunity for more than a decade allows us to see some benchmarks as pointed in the criminal policy dynamic, the dynamics of criminal procedure. Hence, with some undetermined time in the past of the start of the criminal political focus, its integrative axis of the state organization notices its absence leaving today gaps in the conception of the rule of law where inter-subjectivity situations are define between criminal, procedural criminal and criminal policy. As it is manifested in the article according to notable authors, plunging the speech of a rule of social law, also social and with the viability of the democratic expressed in the course of writing, as it is claimed, requires to renovate controls to the exercise of justice in defining criminal behavior, and considering the penalty to be imposed, makes necessary reforms to substantive and procedural law of the punitive system. This includes criminal policy that must prevail in the criminal social justice control which organizes the criminal events, and criminal punishment under the observation of the Rule of Law and the Principle of Opportunity. Framed on the purpose to make more consistent and coherent the tasks required by the Attorney General’s Office, the investigating judge, not least the trial judge, in pursuit of respect for constitutional guarantees and rights and so, get a real balance between criminal law and substantiality guarantees in criminal law.