Differential management of illegalisms in the criminal process in the era of digital society

Abstract

This article aims to answer two central problems: how is the differential management of illegalisms formed in criminal proceedings formed and characterized? And how do these characteristics behave in the era of the digital society? To this end, we sought to characterize what was called the differential management of illegalisms in the criminal process, to subsequently reflect and frame it, or not, in the persecutory peculiarities that try to face the technological complexities arising from the digital socialization environments. Starting from central axes in the thinking of Michel Foucault and contributing in a relational degree to the guidelines of Alberto Binder's criminal procedural hermeneutics, we sought to demonstrate that, from the formation of a criminal knowledge-power, the differential management of illegalisms in the criminal process has become an intrinsic characteristic of the daily handling of the penal system performed by the actors here called persecutors. In addition, it also sought to illustrate that, in technological times and in digital socialization, the formation of knowledge by law is impaired and this fact tends to influence the reflections of the State's own power in terms of the search for control through coercibility.