THE CAMEL AND THE CONTRAVENTIONAL GALAXY. REFLECTIONS ON THE CODE OF FAULTS IN CORDOBA, ARGENTINA

Abstract

This article will analyze the police practices enabled by the Misdemeanors Code of Córdoba-Argentina. Most countries have "administrative" laws that authorize the use of state coercion without judicial review or participation. This use of the state coercive power transforms executive state officers and police officers in micro-dictators. Whether it is immigration laws in Central Europe, "vagrancy" laws in Venezuela, "loafers" act in Bolivia, bylaws in USA municipalities or Codes of Conduct in Argentina; almost every western country have or have had misdemeanor legislation that criminalize acts by using ambiguous terms and producing large spaces for administrative arbitrariness. In the province of Cordoba-Argentina, the Misdemeanors penalizes with arrest-day behaviours such as ‘disturbing prostitution,’ ‘refusal to identify,’ ‘prowl,’ among other figures of dubious constitutionality. Moreover, the prosecution for the commission of these offenses is carried directly by the police officers without judicial intervention or participation of a lawyer. Penalties include fines and arrest, although the last sentence is the most widespread application.

Thus, from police practices authorized by misdemeanor legislation we will analyze the implications of hyper- misdemeanor-incarceration in control societies. Detentions by the application of the misdemeanors code exceeds five times the number of arrests for the violation of the Criminal Code.

Key words: Control Societies, misdemeanour, police.