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Posted on by Jesus Barrcas

Criminología de minorías que vician la política criminal

En el mundo hay diferentes sectores sociales, entre estos existen los sectores de minorías, donde el derecho interno y externo se preocupa por atender sus problemas, muchos de estos derechos surgen como derechos de cuarta y quinta generación en materia de Derechos Humanos. El derecho es control social formal, es dogma establecido por luchas de clases a través del tiempo, pero es bueno también que sea establecido en diversas aristas científicas racionales.

Los diversos sectores sociales en cada ámbito tienen sus propios intereses de grupo, la presión de pares hace referencia a la influencia que ejerce un grupo social y en alentar a las personas para cambiar sus actitudes, puede ser en forma directa o indirecta, puede ser en forma mediática y también materializado dentro de un poder del Estado como como por medio de ley o decreto.

El término Política se vincula con el conjunto de actividades relacionadas a la toma de decisiones de la vida de las agrupaciones y organizaciones sociales, la política se relaciona poder y a los grupos en relación al poder. Una política racional debe tomar en cuenta todos los sectores sociales y la razonabilidad y el enfoque criminológico en la política criminal.

En los últimos años en Costa Rica se ha gestado una segmentación social que antes era general, los grupos sociales solicitan la discriminación positiva en la ley, sin embargo, en la esfera del derecho de minorías y la solicitud de derechos sui generis en algunas ocasiones ha llegado a una dilatación inconciliable y al punto de inflexión con el resto de los grupos sociales, la discriminación positiva puede afectar otros grupos sociales en discriminación negativa, pues el derecho de alguien termina con el derecho de otro partiendo de una expectativa de derecho en el ámbito subjetivo de cada quien.

Las aristas bio-psico-sociales de la criminología contribuirían de mejor forma en la política criminal pues la criminología es ciencia pragmática de ser y no ciencia dogmática de un debe ser, pues el derecho solo parte del cumplimento de normas ya establecidas, pero su fondo son idealizaciones de los grupos de la sociedad.

Los movimientos sociales que exigen igualdad derechos ha sido un avance en la evolución social, sin embargo, los grupos radicales han tenido un impacto social negativo con irrespeto a bienes jurídicos y morales, irrespeto a las creencias de los demás, injerencia en la Política Criminal del Estado, donde se crea un expansionismo y maximalismo penal, ideologías puestas como verdades ya expresas en cuerpos normativos por injerencia y mediatez.

Leyes completamente abusivas para dar derechos excesivos a sectores específicos y castigo a otros sectores que no son de los mismos pares, ampliación de tipos penales, ampliación de la figura del victimario, sesgo mediático, populismo punitivo, presiones pares, donde se vicia la Política Criminal por capricho de pocos que ostentan las relaciones de poder.

Por otro lado, vemos un minimalismo penal por los mismos grupos de presión de pares con la descriminalización de conductas delictivas, beneficios en la ejecución de penas y beneficios penitenciarios a sectores específicos como una clase privilegiada ante la ley, beneficios que resultan irrazonables, desproporcionales e inconciliables y sin ningún fondo criminológico.

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Los artículos de opinión aquí publicados no reflejan necesariamente la posición editorial de EL MUNDO. Cualquier persona interesada en publicar un artículo de opinión en este medio puede hacerlo, enviando el texto con nombre completo, foto en PDF de la cédula de identidad por ambos lados y número de teléfono al correo redaccion@elmundo.cr, o elmundocr@gmail.com.

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