The metamorphosis of the discourse on infancy and crime in Argentina: A review of the field of production of the legal discourse of the criminal regime for minors

Abstract

This research reviews the manufacture process of legal discourse concerning under-age alleged offenders in Argentina. After describing the legislative framework of the Infant-Juvenile Criminal System the article explores that courts have dealt with much more than just the normative texts. It aims to explain the role taken by a variety of discourses and arguments which emerge from the political, scientific, and journalist fields, and converge in the process of creating the legal discourse. This is exposed in landmark judicial decisions: the Maldonado case, the Fundación Sur case – Argentine Supreme Court – and the Mendoza case – IACHR –. Furthermore, the study analyses a series of political discourses that contributed to establish the hegemonic stance calling to lower the age of criminal responsibility. Finally, the article develops the concept of governing through crime as a type of power intended for harshening punishment and, about BG&A, allows cruel and inhuman punishments.