Aportes de la bioética a la política criminal: La biojurídica como herramienta útil para la resolución de dilemas en el derecho penal

Abstract

The present paper aims to deliver an initial approach regarding the usefulness of bioethics as an alternative that can be taken into account in the elaboration of criminal policy, considering also biojurídica as a tool for solving dilemmas in criminal law. Furthermore, relationships and strategic meeting points with bioethics, biolaw and biopolitics are proposed, which could help public officer’s decision-making in regard to the defense of fundamental freedoms, with the support of bioethical principles whose content is similar to that of human rights. The methodology used is propositive hermeneutic which, based on the review of some concepts belonging to the bioethical and penal literature, will propose biojurídica as a useful tool to expand the auxiliary creation criteria, update and interpretation of criminal law, in accordance to globalized reality.