Pena e direito penal em Kant: nove teses

In the traditional view, Kant, along with Hegel, is considered a prominent representative of retributivism. With this, the verdict of the scientific unsustainability of the retributive theory hits him, as well as other criticisms concerning his theory of criminal law. However, a close reading of his theory of law offers a much more differentiated picture. Kant’s theory of punishment is of timeless relevance and anticipates in part modern concepts such as punishment and blame. In order to understand it, one cannot choose just a few statements, as is usual, but rather, one needs to be aware of the “whole” doctrine of Law. In this paper, the outline of Kant’s penal theory will be presented in nine theses, confirmed with the relevant text passages.