The Criminal Law of the Author in Nayib Bukele's Regime: Security or Criminalization of Identity?

Abstract

In the current Salvadoran context, the government of Nayib Bukele has adopted a security model based on hardline policies that prioritize preventive criminalization over the analysis of specific acts. These policies, rooted in the concept of criminal law of the author, focus on stigmatizing vulnerable groups by detaining individuals based on their physical appearance or place of residence rather than their actions. While these measures have drastically reduced homicide rates and generated a sense of security among the population, they have also led to allegations of human rights violations and the erosion of the rule of law. This article examines the ethical, legal, and social dilemmas of this approach, posing two key questions: (1) To what extent can security policies justify the suspension of fundamental rights? and (2) What are the long-term consequences of basing a justice system on anticipatory criminalization?