A expansão do direito penal do inimigo e a afronta constitucional da sua aplicação no ordenamento jurídico brasileiro

Abstract

The present monograph analyzes the characteristics of the Criminal Law of the Enemy, theory developed by Günther Jakobs, at the same time that demonstrate the application of its fundamentals in Brazil. A series of social and juridical factors were brought to corroborate the existence of that theory. It will also be exposed the expansion of the law and order movements, which are supported by the popular outcry, media influence, judges decisions and other actors that move and shape the law. In addition, it will be analyzed the phenomenon of expansion of criminal law as the wat of combating crime and violence, where will be argued that the increase in such problems (crime and violence) will only be reversed by appropriate social policies. Finally, throughout this study will be noticed that the critical tone about the application of Jakobs theory is based on the certainty that a democratic state of law must be based on respect for the principle of human dignity and the expansion of any law and order movement is a typical action that affront the quality of the human being as a subject of law.