Criminology – the firs lines

The life in society demands a group of rules, which it was stipulated to call of positive right. To the meeting of the juridical norms for the which the State forbids certain conducts, under threat of penal sanction, still establishing the general beginnings and the presuppositions for the application of the feathers and of safety’s measures, that feels the name of Penal Right.

There is, however, an area of the knowledge, related to the PR, that interests us for the present study: the Criminology. This is defined by Israel Drapkin Senderley in the following ones have: “it is a group of knowledge that studyes the phenomena and the causes of the criminality, the criminal’s personality and the criminal conduct and the socialyze way.”

The fundamental difference among the science in esteem and the Penal Right is the following: while in this the basic concern is the dogmatic, in other words, the study of the norms while norms, in the criminology a deep knowledge of the group of studies is demanded that compose the penal sciences.

Both disciplines in screen become complete – or they should become complete – for, starting from the political will of the dominant class (no there is as fleeing of that), to establish ways to prevent the event of crimes. The group of measures resulting from this effort Criminal Politics is denominated.

A modern criminal politics, meanwhile, will have in mind the fact of being the crime a normal phenomenon in the society: no there is as eradicating it. They should be looked for, only, means of controlling it reasonably. In a quick analysis, two ways exist diametrically opposed of facing the problem of the criminality, as well as of establishing the prevention of the crimes: a conservative and reactionary; other progressive one. They are two criminal politics that they are collided and they antagonize. The first, starting from a classic approach, doesn’t question the aetiology of the problem, looking for exclusively to combat their effects. To this school, to prevent means to harden, to play heavier, increasing the feathers, punishing plus, guaranteeing less. The second one, of a humanist cut, that understands to owe the Public Power more than to punish, to look for to understand the reasons of the crime: solving or minimizing the causes, it will also be minimized consequences. That is: the State has to occupy the man’s, same criminal, which for this reason obviously doesn’t lose his citizen character.

Here it settles down a misunderstanding of the national favoured. This, for wanting to maintain and to increase their privileges at all costs and, of another part, not to have the perception that ally the such a mistake the mistake exists on the speech easy of the hardening of the repressive measures as panacea for crime, it causes the aggravation of the social situation, that it is an important factor of a criminal increase, although it is not the only. The wound makes to feel at every moment. Like this, the same ones that, to continue dominating they segregate, they have, more and more, the obligation of living together with the price of the built social aparthaid: the criminal violence, whose gestation shelters.