Legislação penal simbólica e suas implicações no direito penal brasileiro

Abstract

The present work deals with the phenomenon of Symbolic criminal law, which has its origin in the maximum intervention of criminal law in society. The state, public pressure and finding solutions to social problems edit criminal laws and aggravate existing sanctions, even when not having the minimum condition to commit them. Its goal is to calm the population and demonstrate its ability to solve social problems. In fact, the solutions of the problems are left for an indefinite future, so the legislating process is used, most often as a political ploy by those in power. It is emphasized that this phenomenon has implications for the Brazilian criminal law, as the symbolic criminalization and informal decriminalization. Thus, what motivated this work was the rise in crime on the legislative hypertrophy. So, the need to understand the symbolic criminal law and its consequences for the criminal law and to the Brazilian society arose. Therefore, it was necessary to research the historical evolution of social repression of harmful behaviors; the grounds of the right to punish; the concept of symbolic; the definition of the term symbolic legislation, its type, its effects and its applicability in the reality of the Brazilian society. In fulfilling this task, literature, comparative and exploratory methods were used.