Globalización, derecho penal mínimo y privación de libertad a 250 años de la obra cumbre de Beccaria

The progress achieved in terms of guarantees of the rights of individuals following the tenets of Cesare Beccaria, is currently being threatened by the phenomenon of globalization; this not only allows the growth of the world economy, but also a greater social imbalance leading to the internationalization and increase in crime. Before such background, different countries have opted for the implementation of a criminal law of the enemy, characterized by the imposition of new criminal profiles, the penalty increases and the decrease of procedural safeguards favoring the guarantee of the citizen security. However, such indiscriminate application of the criminal law has resulted in the escalation of violence and an ultra-violent crime, influencing the failure of the prison system and the detriment of the measures of prevention of the criminal phenomenon.