The relation drifts between the rights administrative and penal, some reflections on the necessary recovery of its systemic logic

Abstract

Being traditional and inevitable the zones of contact and, even, overlapping between the Criminal law and the Administrative officer, that they propitiate the utilization for the legislator of one and other one as “reservation of implementation” respective to assure the suitable social control, and they having progressed in this area, the certain thing is that, even it makes small, the resource to the Administrative law had come being preferential, giving place to a notable process of administration of penal measures, but at present this preference seems to be able to be replaced with one of inverse sign.