Direito penal mínimo versus direito penal máximo

Abstract

This monograph focuses on two opposite sides of Contemporary Criminal Law, Criminal Law Min, which represents the most humane, seeking a minimum performance of the industry is legal and basing on the principles of minimum intervention, the severability, the harmfulness of the social adequacy and mainly of human dignity, and the Criminal Law Maximus, who represents the most reprehensible part, affirming the need to seek tougher measures and effective to fight the enemies of the state.The Enemy Criminal Law, representing the most aggressive species of the High Criminal Law, proposes the existence of two types of law, a citizen-facing and one facing the enemy. Thus, the citizen Commits an offense that may continue all the criminal and procedural safeguards classic, being called the Criminal Law of the Citizen. As for the people who put the state in danger, there would be a 'process' but a 'procedure of war', not because we are facing citizens, but enemies of the State, this is called the Criminal Law of the Enemy. In contrast, the Minimum Criminal Law proposes the actions of the criminal law only for those behaviors that significantly Malfa legal important social goods. Thus, no one talks about the removal of feathers, which are indispensable, but only from a performance directed the most important corporate assets to the community. Thus, the Minimum Criminal Law stands as a Criminal Law balanced, without the errors identified in the theory of the Criminal Law of the Enemy, with a high likelihood of success in an attempt for social peace.