Inimizade e Sistema Punitivo: Reflexos da Teoria do Direito Penal do Inimigo nas Ciências Criminais Modernas

Abstract

From the perspective of a future that quickly approaches and brings sensitive issues to the field of criminal sciences and effects on criminal policy formulations for control of fear and violence, it is imperative task for the researcher to identify the displacement of these truths by society and its connections the creation of “truths” violators of individual guarantees. Therefore, the object of research centers on theory of criminal lawof the enemy, by The purpose is to demonstrate that the adoption of enmity paradigm entails an exclusive punitive control and logic approaches a state of exception to the law , resulting in authoritarian criminal policies, resulting in authoritarian penal policies, going against the criminal garantism and fundamental rights. It emphasizes the theoretical nature of the research, with critical and interdisciplinary position (considering the model of integrated criminal science), in order to explain the relationship between the phenomenon (enmity / enemy) and other contexts (criminal sciences and political philosophy). The article begins with the presentation of enmity paradigm and its philosophical basis in order to identify the criminal expansionism as a factor of influence to efficientism; later studies the theory of impacts treated for criminal sciences. Finally, it is observed that the criminal law of the enemy object prepared ideologically, it contributes to the maintenance of certain regime of truth, excessively punitive play mechanisms that circulate anti-guarantor speeches incompatible with the fundamentals of brazilian criminal law and rule of law.