Análise das políticas públicas de expansão do direito penal brasileiro para fins preventivos

Abstract

The expansion of Brazilian criminal law is taking place unbridled as an attempt to stop the expansion of criminality. This practice, for this purpose, becomes controversial since, in addition to not having an effect, it may also be harming certain places. This study, firstly, will start from a theoretical approach to crime, seeking the relationship between the penalty and its commission and, at a later time, a practical analysis of some expansive penal laws will be carried out, inorder to verify their effectiveness for the purposes of reduction of the criminal type to which they were proposed. To proceed with the studies, the hypothetical-deductive method was used to understand the theories of some authors and the quantitative-qualitative method to be able to observe the legislative impacts in the Brazilian context through statistical data of the crimes that occurred. Finally, a clear ineffectiveness of the laws studied as a preventive function is perceived, and it is still possible to perceive a worsening picture in some regional scenarios of the country.