CONTRIBUTIONS TOWARDS AN ATTRIBUTION TO CRIMINAL LAW CONSISTENT WITH ITS CAPACITY FOR CORRESPONDENCE AND COMPLIANCE: FROM A LEGAL PERSPECTIVE THAT FREES IT FROM OVERBURDENS

Abstract

This article proposes a philosophical reflection on Criminal Law from a positivist perspective, arguing for the need to free the law from the value overloads that exceed its capacity for correspondence and compliance. Based on the notion that law is an instrument for regulating human conduct and guaranteeing social order, the text revisits authors such as Kelsen, Reale, Ferraz Júnior, and Carnelutti to argue that the essential function of the legal system is not the full realization of justice, peace, or harmony—concepts endowed with a highly subjective charge—but the promotion of security and stability in social relations. By proposing a "burden-free" law, the author concludes that the legitimacy of the legal system must rest on its objective capacity to guarantee coexistence and predictability in society, not on promises of a moral or emotional nature that it cannot fulfill.