Riesgos no tan explícitos y peligros no tan solapados

The article reflects on risk and dangerousness as matrix of intelligibility to analyze discourses that take as a theme young and adolescents in relation to criminal responsibility. Eight bills with parliamentary status during the 2018 legislative period are analyzed. It is postulated as a hypothesis that the discourses expressed in these projects do not constitute unitary or exclusively antagonistic blocks of meaning, but rather show a hybridization of meanings, notions and valuations. The frequent exacerbation of the punitive sensitivity triggered by a criminal episode in which an adolescent participates confers to the debate different nuances that express tensions around diverse topics; among them are legality, punishability, punitive power of the state, justice, guarantees, rights and security. In the legislative texts coexist conceptions on the subjects that result targets of the rule, in this case, adolescents and young people who inflict or presumably inflict the law and around these subjects proliferate discourses that place them in mobile and diffuse boundaries between “risks”, “dangers” and “vulnerabilities”. The objective of the article is to analyze legislative discourses as they combine different notions of risk and dangerousness articulated with other concepts from foucauldean archeology, which refer to studies on governmentality and the need for government and population management. The conclusions show that the notions of risk, dangerousness and vulnerability cross the discourses transcending the simple dichotomies, such as tutelary-rights; guarantee-punitivism; progressiveness-regression, actuarial justice-restorative justice. In this sense, the article seeks to offer analytical keys that increase the understanding of this problem in Argentina