Legal exceptionality and neoliberal management. On the subject of Criminal Law

Abstract

Since the events of September 11, 2001 and the financial crisis of 2008, the exception category has acquired a major status in the configuration of world law and politics, since it seems that societies live in a permanent state of need and urgency. In parallel, governments and international institutions to promote and enact a set of policies that considerably restrict the content of individual rights and freedoms have wielded this condition. At the same time, minimize the democratic aspect in the processes of decision-making. This article explores the determination of the state of exception in the global geopolitical context and focuses on one of its manifestations, which is criminal law. In this field terrorism has been the preponderant political figure through which certain western legal systems apply their own legal provisions of exception that end up radiating to all citizens.