In this work we critically approach the figure of the illicit association from a double perspective: historical and constitutional, questioning its theoretical foundations and its jurisprudential use. We connect your employment with arbitrary criminal proceedings where procedural guarantees are usually violated. We recover its political history in times of witch hunts, when the term „subversive association“ is born, in times of persecution of the coven, taken by many contemporary historians (especially feminist as Silvia Federici) as forms of resistance to new forms of organization of rural property (since behind the witch hunt was the expansion of rural capitalism) or resistance to the privatization of land in Europe. We conclude, making a parallel with the witch hunt (political criminalization program), that the alternative to the constant and growing criminalization of marginaliz...