La pena de muerte ante la construcción de un orden civilizatorio global

Resumen

The abolition of the death penalty expressed today the inalienable values of the human condition, within the framework of the rule of law, in which the defense of the dignity and criminal sanctions of the resocialization function cannot overreach. There are States that have abolished the death penalty and also, the others that they have not reached this stage not to apply it in practice. They are also some that still apply. In any case, it is generally considered that the death penalty is related to torture and inhuman or degrading treatment incompatible with a global civilizing order. We analyze the ethical and legal perspective the supranational law and also in the Spanish constitutional law. Haghlight that Spain has shown particularly belligerent in favor of the abolition of the death penalty, signing all laws and make statements on this line. Also, we try to incorporate Spain to a legal order of the European Union and the Council of Europe especially sensitive to the abolition of the death penalty. Thus, in this work are drawn some criteria to guide thinking about a future in which the death penalty definitely is a thing of the past, product of the civic and moral commitment of mature societies, responsible and respectful of the values of humanism.