Ossessione securitaria, autoritarismo punitivo ed eclissi dei diritti. Considerazioni sparse a margine dei recenti decreti sicurezza

The promulgation, within less than a year, of two “security decrees” marked by distinctly repressive fea- tures constitutes a further manifestation of penal populism, characterised by a pronounced enemy-oriented approach and by elements of punitive authoritarianism. This article seeks to analyse some of the principal lines of intervention introduced by these enactments in the field of substantive criminal law, with a view to demonstrating how such criminal policy strategies, even where they do not give rise to an overt conflict with the fundamental guarantees enshrined in the Constitution, nonetheless risk giving rise to a subtle yet insidious erosion of the personalist ethos underpinning the constitutional order.