Thoughts on the excessive margins of criminal policy in the state of Chiapas: Case of incest

Abstract

The evolution of current societies has brought with it the disuse of certain crimes that in the past were conceived with paramount importance in the framework of the healthy order of community life and social coexistence. The object of our deliberation, on this occasion, is the configuration of the criminal type of Incest in the criminal catalog in force in the State of Chiapas. This crime has been chosen as a model for analysis to ponder the trend towards punitive populism that, from our perspective, embraces the state Penal Code, by proscribing a behavior that expresses, with the greatest possible emphasis, the human right to sexual freedom of its practitioners and that is seen as prohibitive even though in special assumptions and hypotheses, it does not transgress any protected legal interest, except that of public morality and good manners. We intend to wield conclusive arguments, in use of sexual self-determination and the free development of personality, that give light to our local legislators so that, in the near future, the penalization conducive to these behaviors in certain specific contexts is suppressed and the normative object of other criminal types that are closely related to it is updated.