Uma investigação sobre o direito penal do inimigo no Brasil: da ditadura civil-militar à atual política de guerra às drogas

Abstract

This research seeks to understand the theory of the Enemy Criminal Law by Günther Jakobs and how it becomes harmful to the construction of a democratic rule of law. Thus, it takes pride in answering the question about its negative consequences in the legal system, through a bibliographical research through scientific articles and books related to the investigated matter. With a basic, descriptive and qualitative approach, it aims to prove the illegitimacy of the Enemy Criminal Law before concrete scenarios of reality that have already used this idea, namely, the Military Dictatorship, which was a great example of how this theory behaved within the legal system, and the repressive fight against drugs, which demonstrates how it reveals itself in the current scenario. Thus, at first, the Enemy Criminal Law Enemy will be analyzed, then the enemy as the opponent of the government in the Brazilian dictatorship, its persecutions suffered and what this resulted in. Finally, a critical look at the insertion of the Enemy Criminal Law in the drug war scenario, and the consequences of this. In the end, it is possible to confirm that the theory only emphasizes a punitive and exclusivist State towards certain types of selected characters, and that nothing solves the problem it claims to face.