El rol de los jueces en el marco de la ‘lucha contra el delito’ en el Sur Global: un análisis comparativo de los casos de la Provincia de Buenos Aires y Metro Manila

In recent decades, we have witnessed the global emergence of penal populism as a response to the rising fear of crime. This phenomenon has acquired special characteristics in the countries of the Global South where the inefficiency of the state agencies in charge of dealing with crime aggravates t...

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Bibliographic Details
Main Author: Ciocchini, Pablo Leandro
Format: Article
Language:Spanish
Published: 2019
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7002170
Source:Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 21, Nº. 2, 2019, pags. 73-103
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Summary: In recent decades, we have witnessed the global emergence of penal populism as a response to the rising fear of crime. This phenomenon has acquired special characteristics in the countries of the Global South where the inefficiency of the state agencies in charge of dealing with crime aggravates the perception of insecurity. Corruption and police abuse make penal populism in the Global South even more dangerous than in the countries of the Global North. In this context, the indirect control exerted by courts over the legality of police behavior is crucial. However, the inefficiency of courts has limited the range and effectiveness of their interventions. Furthermore, an unintended consequence of legal reforms that sought to improve courts’ effectiveness is that they have restrained courts’ capacity to control police procedures. This article compares the role judges plays in criminal cases in the Province of Buenos Aires (Argentina) and Metro Manila (Philippines) regarding police behavior. The comparative analysis shows that, in both cases, the situation is worrisome. The judges have lost the moral leadership on criminal justice matters, and their role controlling the legality of the police behavior has weakened extremely