El conflicto social en la globalización neoliberal y el neoconservadurismo: entre las nuevas guerras y el populismo punitivo

Abstract

As a result of the political and economic transformations of recent decades, with the replacement of the Welfare State model by the neoliberal model, what has taken place in the field of law is an abandonment of a resocializing and protectionist right (with all its deficiencies) and the commitment on a vindictive type of right. The current formula of this vindictive right corresponding to the neoliberal model is punitive populism. In this research we want to make an initial overview of this legal phenomenon both in its historical and economic as in its political and discursive dimension. Therefore, our aim is, on the one hand, to present the historical political-economic framework that has allowed the contemporary punitive populism and in which it has developed, and to realize this, there has been made ​​an approach to the historical context of the end of the Cold War and post-Cold War that have produced vast changes in the world as we knew it. A world that has enthroned the capitalist system in its neoliberal way as hegemonic, neoconservative policies and has led to the emergence of new wars, all with a strong influence on the punitive system. On the other hand, and derived from the above, we wanted to pay attention to two political speeches that have monopolized the political course of the last decades: neoliberalism and neoconservatism, the political framework in which the punitive populism has developed. Finally, we will take an overview to a typology of cases used like penal Trojan horses that have been used to spread the punitive populism, as are the use of cases on minors, women, new technologies, immigration, war, social protests, crisis or development.