Should criminal law protect the human rights? An answerbeyond the truism
This paper aims to approach Human Rights toCriminal Law, highlighting the apparent paradox regarding Human Rights damage resulting from the criminal protection of them. Such a paradox does not subsist beyond appearance due to the dynamics of the criminal system: ineffective in achieving the supposed purposes of punishment, but lavish in strike diverse rights and diverse guarantees, which are within the Human Rights idea. It will be demonstrated how even movements engaged in the protection of Human Rights started to use criminalization demands that saturated criminal law and, consequently, decreased their effectiveness. Finally, the consequences of the increasing dysfunctionality of Criminal Law on Human Rights will be verified, and what criteria for the use of Criminal Law, in their proper position of ultima ratio, would be possible for a rational and effective protection of Human Rights.
Keywords - HumanRights; Criminal Law; risk society; legislative hyperinflation; punitivism