Crisis of the bourgeois criminal law (An examination to the Rule of Law's class nature)

Abstract

The bourgeois vision of the offense adheres strictly to commonviolent act committed by one or more individuals against property or physical integrity of others and their solution is the sole responsibility of the State, who must use violence to control or eradicate legal, leaving the community at the mercy of police action judicial and implemented for this purpose. Crime is not an anomaly, is the inevitable result of the existence of the pattern of exploitation and expropriation of capitalist society, which promotes a savage capitalism.The origin of the crime is structural; it is inherent to the typeproperty relations of production and exchange that exist within it. The reproduction of capitalism has not only production and distribution of goods, as well as reproduction of individuals without means of subsistence are forced to sell to the capitalist (and this is necessary for the preservation of the system) but as not all manage to enter the productive system, as this is unable to absorb them into their -all, it causes a “mass” of the dispossessed (reserve army Marx called them) who cannot absolutely guarantee its existence, this “mass” deprived of all means of subsistence is driven to satisfy their basic needs instinctively and immediate and are not presented choices between right or wrong, desirable or not is now an urgent matter of survival of the individual, the marginalized, the execrated the enjoyment of the wealth produced private property, forcing the “mass “to commit crimes.