Abstract

In this essay we explain some of the problems of the Venezuelan criminal justice sub-system and, in general, the criminal law enforcement. That is to say, that which is expressed in the persecutory actions of the investigating authorities and the criminal courts, after having established in Venezuela a Carl Schmitt concept of Dual State with the purpose of eliminating “bourgeois” democracy and implanting the model of so-called Socialism of the XXI Century. In this sense, it is a question of identifying the flagrant persecution and violation of human rights of those who do not have the capacity to resist the attacks emanating from the State in the abusive use of coercion and legal violence. With the Dual State want to impose an utopia by force, which leads to dystopia, due to the division and polarization of society with the dichotomous politics of friend-enemy, In a process of etiquette and "demonization" of the enemy.