Castigo y justificación de la desobediencia civil en el estado constitucional de derecho

Abstract

In this article we try to think it brings over of the possible justification of the civil disobedience in the frame of the own Statute law of a constitutional State of Law. Departing from the institutionalization of the human rights that it must characterize to any Constitution, and of the prevalence of the same one on the low laws, we understand that the civil disobedience represents, when they give themselves the precise circumstances for it, a legitimate exercise of certain fundamental rights, as well as a commitment with the defense of the Law, which apex is located in the constitutional text. This reality must have reflection in the Criminal law of any State, justifying the conduct of the one who practises the disobedience or attenuating his sanction, and we understand that this possibility exists in the own Spanish Law, as we will exhibit with base in the reasonings of authorized doctrine