Garantism Penal

The garantisml penal prosecution is a model that seeks to strengthen the criminal law at least through rational criteria for intervention and civil law, de-legitimize any type of social control that place the simplistic “social protection” above the rights and guarantees.
With regard to fundamental rights, considered as human rights constitutionalized, these
gain function to establish the object and the limits of law in democratic societies.
This model of criminal law regards as substantial structural feature of democracy and the protection of marginalized minorities against the majorities integrated. It follows the goal of guaranteed limit the State’s punitive power, deny the basic assumptions of legal positivism, and consequently, an interpretation of state law under the Constitution.
Important to note the minimal theoretical model developed by Luigi Ferrajoli, there are ten essential conditions for the establishment of criminal liability and the penalty: Compliance with an outer fact, harmful to third, practiced by an individual fault, previously predicted by the law as a crime, and essential to its prohibition and punishment. Necessary to make present the following procedural requirements: statement of evidence made public in an indictment of adversarial proceedings, judged by an impartial judge.
It follows from this equation guarantee a concern to achieve the purposes of a state eminently
democracy from the law.