Abstract

There are two theories on hegelian philosophy to justify the punishment: the way of atonement and the way of healing. The route of the atonement of the agent of punishment and states that the responsibility for the crime is the criminal. This pathway is concerned essentially with the duty and the rules. Hegel differs from kantian retributivista position because, according to Kant, the penalty is an ethical necessity and Hegel, the penalty is a logical necessity. Kant remains attached to the subjectivity; Hegel overcomes it through an objective explanation of criminal law. Have the path of healing part of the punishment and patient advocates that the punishment is a right of the criminal. Thus, the duty is secondary and the punishment is seen as suffering from the generator.