El modelo de protección penal de los inmigrantes: de víctimas a excluidos

Abstract

The most recent penal legislations of the hegemonic countries in the matter of immigration bring with themselves a hypocritical criminal policy, since, despite they pretend to contain a speech worried about the rights of the foreign citizens, their purpose is not other than to insert more obstacles to those who pretend to enter irregulary in their territory, meanwhile they implant a policy of social exclusion and discrimination directed to the non-citizen ones. This is achieved spreading the colonial view of the immigrant-victim; etnocentric imaginarium that try to present the immigrants like helpless and ignorant beings, involuntarily caught in the wicked networks of the trafficking in persons. It must be undertaken, therefore, an external critic to this concealing speech that, making appear as exploitation all clandestine movement of immigrants, subordinates the penal Law to the policies of control of the migratory flows