O direito penal do inimigo

Abstract

This research aims to contribute to the reflection on the theory of Criminal Law of the Enemy. The theory was developed by the German jurist Günther Jakobs in 1985 and is the protagonist of a heated doctrinal debate. Jakobs follows the doctrinal precepts of Luhmann's systems theory and Welzel's finalist theory. For the Criminal Law of the enemy, there are conceptual differences between the citizen (person) and the enemy (individual) and that the function of the penalty is to reaffirm the validity of the norm. The research is deductive and eminently bibliographic. At first, the status of the enemy in the historical construction of Criminal Law is presented. In the second moment, the legal-philosophical positions of the Penal Schools and the doctrinal ones of Theories of Crime are presented. In the third moment, the doctrinal criticism of Jakobs' thesis is presented. Jakobs' theory defends a differentiated criminal policy to prevent and combat the worsening of the phenomenon of exacerbated violence.