Direito penal do inimigo: um novo paradigma de política criminal (expansão e reflexos na realidade brasileira)

Abstract

This work is designed to analyze Criminal Law third speed, nowadays with consubstantiation in the só called 'Enemy Criminal Law', Günther Jakobs thesis that reflects the largest controversies of criminal law theories. Therefore, following modern society characteristic traces we will be considering: risk society, globolization and Criminal Law in global age always with the purpose to demonstrate that, starting with this new paradigms, there was a significant transformation of traditional criminal theories. We furthermore stressed how the arose in a first plane, as a criticism in response to the discovery of criminal legislations and policies that were already making use of such parameters and, in a second plane, how the criticism turned into something held by Jakobs as inevitable, reinforced by terrorist attacks perpetrated throughout the world. In the end, we face the difficult task of analyzing the expansion of criminal law of the enemy in the Democratic States, especially in Brazil and the risk of ignoring its existence.