O exame criminológico como retorno à criminologia positivista

Abstract

: The present paper seeks to critically analyze the institute of the criminological examination in the present days and how its application can consist in a certain way of return to the premises of the positivist criminology. Therefore, the positivist criminology will be studied in its beginnings, through Cesare Lombroso and his conclusions surrounding the criminal etiological character, which brought the delinquent as a di ff erent and wild individual. Likewise, the criminological examination itself will be studied, as its requirements, application forms and its use. Lastly, the development of the Cesare Lombroso’s positivist criminology and the consequences of its current prevalence in the Criminal Law will be analyzed, showing that the criminological examination is its direct inheritance.