The constitutionalization of criminal law: the normative strength of the ne bis in idem principle for adequate epistemic reading of protected legal value

Abstract

The article approaches the implicit effect of the constitutional principle of the ne bis in idem, which is impeditive of more than a punishment not over the same fact, but, over the same legal object, to check the presumption of validity of the various autonomous illicit prescriptions, in distinct branches of law. It is shown an aspect of the Constitutionalization of Law that binds the legislator of criminal law, and of the other state legal-punitive branches, to the scope of constitutional punitive justice. Through the hypothetical-deductive method it is concluded that the activity does not have a total freedom of create laws illicit-defining laws to the will of a judgment of justification that meets the appropriate identification of ontological nature of the values worthy of protection in each branch of law.