La expansión del Derecho Penal del Enemigo en el mundo contemporáneo: política criminal, estados de excepción, seguridad, erosión del bien jurídico en el modelo actual e inclusión social

Abstract

This article analyzes the expansion of the so-called Enemy Criminal Law in the contemporary world, based on its impact on criminal policy and on the doctrinal categories of crime. Through a dogmatic-critical and comparative approach, various manifestations of this punitive logic are examined, as well as their impact on typicity, unlawfulness, culpability, and the purposes of punishment. Finally, criteria are proposed aimed at reaffirming the axiological principles that limit the State’s punitive power, as well as the need for public policies oriented toward social inclusion as an effective preventive strategy.