Control institucional de decisiones legislativas político-criminales

The paper criticizes existing discourses regarding the control of criminal law. It aims at demonstrating that the critical discourses developed by scholars of criminal law show lack of institutional foundations, while judicial review of substantive criminal law has proved itself ineffective to contribute to the rationalization of criminal law politics. The paper suggests that, instead on focusing on the discussion around judicial review standards, the concern with criminal legislation should lead to an institutional, political process-oriented approach to the political pathologies at the source of scholar’s concerns.