O direito penal do inimigo e o primeiro comando da capital: a relação entre a cultura punitivista e a estruturação da organização criminosa

Abstract

This paper aims to contribute to a more secure and rational public security model, demonstrating the consequences that exacerbated punitivism and the relaxation of rights can trigger to public security in general. The advent of globalization was the starting point for the application of a security model based on the persecution of the criminal as an immediate solution to contain the new means of risks arising from this new era. Thus, it was possible to identify the application of a non-human Criminal Law, the Inimig Criminal Law, theorized by Gunther Jakobs, which authorizes this coercive and authoritarian State action towards those who are stigmatized as elements of high danger, which threaten the social order. Such a theory can be identified both at the time of criminal prosecution, which is constantly being flexed to lead to conviction, as well as within prisons, precisely because these are places where these subjects are taken to pay for the crimes they have committed. The stigma attached to imprisonment, therefore, makes the sentence a real torture because of the constant violence within prisons beyond the precarious structure that these places present. Such conditions were fundamental to a process of self-organization of the prison population, driven by a sense of injustice and revenge, through a parallel organization that was precisely the First Capital Command. Therefore, the application of an extremely punitive public security strategy had the opposite effect, as macro-crime spread throughout the country and today is highly powerful and articulate.