La idealización y la administrativización de la punibilidad del uso de Información Privilegiada. Un análisis de los discursos penales en la doctrina chilena

This article critically analyzes the aptitude of theories proposed by national authors attempting to reconstruct the criminal wrongness of insider trading. The main criticism is oriented, firstly, in denouncing an idealized concept of "stock market", which unnecessarily covers some unorganized or informal submarkets, forcing to reconstruct fictionally the criminal wrongfulness of insider trading. Secondly, we denounce that by abandoning the analysis of the needs and merits of criminal punishments in the reconstruction of wrongfulness, criminal law begins to look more as administrative law, accepting that the mere dysfunction generated by the violation of rules is cause enough.