Constitución y legitimación de la pena: Apuntes teleológicos sobre el rol de la Constitución en el sistema penal

the present article deals with the role of the constitution in relation to the establishment of the sanction in a democratic justice criminal system of law. to achieve so, and having this previous idea as a starting point, the constitutional foundation of the democratic penal law is developed, as well as the need of justification of the penal punishment, the so called substantial or teleological orientation about the role of the constitution in the penal justice system and the content of the penal constitution as a valorative and axiological framework of the penal criminal justice system.