Como o uso do ordenamento jurídico pode levar ao direito penal do inimigo no Brasil

Abstract

Several rules present in the Brazilian legal system articulate vague and imprecise concepts that can generate fissures conducive to the birth of the Enemy's Criminal Law in Brazil. First, it is necessary to conceptualize the theory proposed by Gunther Jakobs to later demonstrate that there are laws in the Brazilian penal system that treat certain figures as true enemies of the State, Laws like nº. 12.850 / 13, nº 7.170 / 83 and art. 312 of the Criminal Procedure Code and the Alien Statute itself. Subsequently, to list examples that prove the previous statement in the practical case, and finally to criticize the Criminal Law of the Enemy, stating that the theory defended by Jakobs should not proliferate within the state of rights for obviously hurting everything human rights.