Criminal Law of Risk, Environment and the Material Concept of Crime (some notes about the expansion of Criminal Law in confront with its material patterns of legitimacy)

Abstract

The present work aims to deal with a common phenomenon of these days: the calling of the state punitive system for the guardianship of new collective interests, illness of the technological development. On the same path, pervading all the dogmatic and criminal-political problems that face the so called criminal law of risk with the patterns of legitimacy of the modern Criminal Law (guarantor and minimalist), the text concentrate itself on the discussion about the concept of the criminal-legal good. The purpose is, by means of the criminal political doctrine of the material concept of crime, to achieve a concept of subject matter that legitimates and restrains the intervention of penal law both on the level of the constituted law as well as de lege ferenda, considering the expansionist movement in which the current penal system goes through which has, as an example, the Environmental Criminal Law. Keywords: Secondary Penal Law – Environmental Crimes – Risky Society – Criminal Politic – Control Patterns – Subject Matter – Decriminalization