The criminal legal interests theory and the modern Criminal Law: a review through Human Rights

The paper discuss the capacity of the criminal legal interests theory, which gives reasoning to the state punitivity, front of the Modern Criminal Law. The author aims to confront the declared functions of the dogmatic with the points of the modern criminal law, using for it decisions from the High Courts. In this sense was used, metodologicaly, literature review and jurisprudencial analisy. The results points to a rhetorical use of the theory, by the the doctrine and cases law analysis, based on evidence of ways of expansionism of criminal law. In this point the paper Proposes the review of the criminal law interests theory through the Human Rights