O inimigo é a lei: uma visão da política criminal de contenção em países emergentes e periféricos.

Abstract

This argumentative nature of work aimed to analyze the criminal law of the enemy on the perspective of criminal law, considering the government schemes and the reasons of the State in their retention policies. Therefore, we evaluated some legal aspects of functionality of the very rule of law, and sociological aspects, especially in respect to the social tagging, the exclusion of social classes, the promotion of wealth and the targeting of coverage contained standards. Taking as its starting point the criminal law of the enemy of Gunther Jakobs work, which fosters the criminal law of the enemy based on a conception of the citizen's right exclusion, a break with the social contract of Rousseau, as well as the ideas of Fichte . Evolving to the criminal law of the enemy of Zafaronni, more contemporary nature, with a view of the peripheral countries, where the labeling and the criminal and procedural rigidity of repressive precautionary measures and dogmatic reflect the real sense of the criminal law of the enemy. Following the explanatory line of criminal law enemy of the US and Britain, where it draws a parallel between the criminal law of the two cultures, regardless of the existing democratic system in both countries. It is against this social context and apparently backed by a democratic content that we will examine in the course of this study why the entitlement contained in this work, because the enemy is the law. Analyzing not only the criminal aspects of coverage of the criminal law of the enemy, but the circumstances of an unequal election where it comes to criminal law as a right of choice of a strong state and a weakening of individual rights and guarantees.