Individualization and unique penalty species in constitutional text

Abstract

From the analysis of the Constitution, it is possible to observe that it works not only as a foundation, but mainly as a limit to the jus puniendi, especially through its principiological dictates. Therefore, this article used the bibliographic method to search for theoretical framework, based on both in Brazilian and foreign doctrine, that was able to modify the debate about the application of potestaspuniendi. Thus, the existing evolution in the way in which the state’s punishing power is treated in traditional discourses is analyzed and sought to discuss the way that contemporary constitutionalism entails numerous modifi cations and how it intertwines with criminal law, based on the assumption of a Democratic State of Law as a Constitutional State and, therefore, several structural changes are generated, in view of the adoption of this paradigm. Furthermore, it is presented that, in view of the innovations that occurred in view of the advent of the promulgation of the 1988 Constitution, criminal law cannot remain closed, and should allow its performance and the application of modifi ed sanctions, given the dictates of democratic values, receiving a new feeling, not only merely repressive and punitive, but also re-socializing.