Funções ocultas da justiça penal: reflexões sobre o inimigo no direito penal brasileiro

Abstract

The present work intended to highlight, from the standpoint of critical criminology, the lengthy evolutionary process through which the mechanisms of deviation control used by society during each historical moment were subject until we arrived at the current Criminal Justice System model. The general objective of this research is to understand how the Criminal Law of the Enemy is present in the practices of the Brazilian Criminal Justice System. The methodology used in this study was a bibliographic research. It was observed that Criminal Law starts to act selectively, suppressing the fundamental rights and constitutional guarantees of the less privileged classes, with the aim of criminalizing them and imposing subhuman conditions of survival upon them creating, therefore, the basis that legitimate capital exploitation. The study found that in Brazil, this relationship between capital and Criminal Justice System does not differ from the one observed in rest of the world. The Criminal Justice System acts in accordance with the interests of the market, incarcerating and eliminating the historically excluded social layers of the Brazilian nation.