LA DEFENSA Y SU NECESIDAD RACIONAL.

The purpose of this paper is to reflect on a requirement of self-defense, the second legally stated in article 20.4.° penal code, which to this day is still not peaceful as to whether the rational need of the means used to prevent or repel illegitimate aggression must be interpreted (or not) according to the principle of proportionality. From this perspective, after offering a brief review of jurisprudence and scientific doctrine in this regard, the key aspects are analysed to determine the rationality of defence, among which the examination of the principle of least harmfulness and the criteria to assess such rationality. Finally, an approach is made to those cases in which the defense is irrational for breach of the analyzed requirement and that technically give rise to the appearance of the figure called intensive or own excess. [ABSTRACT FROM AUTHOR]