Intervention of the criminal jurisdiction within the framework of Law No. 12.569: The problem of specific punishment as an argument of non legal typificity for the crime of disobedience

Abstract

There is a jurisprudential line that differs the accreditation of the crime of disobedience to the verification of a second breach of the rules imposed within the framework of Law No. 12,569. The evaluation of the arguments introduces us to a more general problem related to the jurisprudential construction on the criminal type of disobedience. A historical review of the parliamentary, doctrinal and jurisprudential antecedents in the framework of protection that the inter-American human rights system ensures enables the questioning of the non criminality that is defended, allowing a rereading of the referred law and the crime of disobedience.