The constitutionalization of the principle of proportionality in Spain and criminal legislative activity

Abstract

The position of the Spanish Constitutional Court regarding criminal legislative activity has been developed through its jurisprudence; In this investigation, the principle of proportionality was taken as an analysis to limit the creation of the criminal law, according to Spanish constitutional jurisprudence. We consider that, within this judgment, the Constitutional Court, in addition to addressing the problems that arise, sets a precedent about the broad freedom that the Spanish Parliament has in determining the crimes and penalties of the Criminal Code, and the respect for their Discretionary work, so different from the Ecuadorian case, where parliamentary work must be adapted and developed based on the rights and principles enshrined in the Constitution and International Treaties on Human Rights, with functions almost absolutely detailed and limited.