THE INFLUENCE OF CRIMINOLOGY ON THE APPLICATION OF CRIMINAL LAW: A CRITICAL ANALYSIS OF JUSTICE IN THE CONTEMPORARY PUNITIVE SYSTEM

Abstract

This article proposes a critical analysis of the influence of Critical Criminology on the application of Criminal Law, focusing on the restructuring of the contemporary punitive system. Acknowledging the limitations of the traditional punitive model especially regarding its inefficacy and social exclusion, the study investigates how criminological contributions, particularly from the critical and restorative perspectives, have sparked a transformation in the understanding of the criminal phenomenon. Through bibliographic review and documentary analysis, the research examines the work of authors such as Cesare Beccaria, Michel Foucault, Nilo Batista, Howard Zehr, and David Garland, who propose models that go beyond retributive punishment, orienting themselves by human dignity, social reintegration, and the prevention of recidivism. The conclusion indicates that integrating criminological approaches into Criminal Law contributes to the construction of a more just effective, and humane justice system.