A Lei Antiterrorismo Brasileira à Luz da Teoria do Direito Penal do Inimigo

Abstract

The present work aims at an analysis of the theory of the criminal law of the enemy, called by the doctrine of third speed of Criminal Law, as well as the consequences of the Brazilian Anti-Terrorism Law No. 13.260/2016, which has had great repercussions in social and political circles. The great novelty of the law is the authorization for the State to carry out innovative actions, punishing people for predictions of crimes that have not even begun, mitigating the principles and fundamental guarantees set forth in the Brazilian Constitution of 1988, demonstrating the evident application of the criminal law of the author. The research modality is essentially exploratory in character, bibliographic and documentary survey, based on the descriptive model. It is concluded that the criminal law of the enemy should be applied to all those considered enemies that aim to infringe the norm, the criminal law of the enemy should anticipate criminal tutelage, to punish preparatory acts, which occurred in July this year in Brazil, to prevent future damage to thousands of people. Criminals who attack the very structure of the State, against the collectivity, must be punished with the rigor of their conduct.