Construction and Identity of the Penal Dogmatic: drom the Promised to the Prison Guarantism

Abstract

This article deals with the construction and identity of the Penal Dogmatic, as a paradigm of the Penal Science, dominant in modernity. This is done in three steps: delineating their origins and foundational models (at a first moment at the level of knowledge and, in a second, in a knowledge power moment) determining what is Penal Dogmatic, since its self image (since a listening to a voice of penalists whom have carried out and shared their paradigm), to, at the end, transform it into a problem at a functional level, pointing out the contradictions between the declared functions (promise guarantism)  and the real functions promised in modernity (prison guarantism). The Dogmatic appears, in this perspective, as a decisive carry out in the process of instrumentalizating and legitimating of the modern penal control, and of the social order, which it constructed.