The Criminal law in the era of globalization vs. criminal law of alternative globalization

Abstract

Criminal law is a formalized system of social control which, at most, can be described as international, since it is not yet a globalized or worldwide legal system, despite the labels or names of the corporations that represent this supposedly punitive order. In the field of criminal law, it is still and will be the national states that will exercise control over criminality, even international or transnational. The debate on criminal law in the era of globalization cannot stagnate in the discussion - not so new - of the criminal law of the enemy, corruption or neo-corruption and organized crime. This reduction of the phenomenon is very dangerous for Latin American societies, as it hides the true background of the issue and prevents the actors from being proactive, promoting discussion and producing a true transformation of regional criminal law. Political authorities cannot avoid the social responsibility of criminality and attribute all the blame for it to the different processes of globalization. The great challenge for criminal law in the coming years is to harmonize the globalization of punishment with representative democracy and human rights. It is better to call for more globalization in terms of rights and freedoms, justice and security.