THE ENEMY CRIMINAL LAW AND ITS APPLICATION IN THE CONTEXT OF ORGANIZED CRIME IN BRAZIL

Abstract

This article analyzes Günther Jakobs' Theory of Enemy Criminal Law and its manifestation in the Brazilian penal system. The general objective is to investigate how the construction of organized crime leaders as "public enemies" impacts fundamental guarantees within the Democratic Rule of Law. The methodology is based on qualitative research, using a deductive method and critical-dialectical analysis, through bibliographic review and case study. The results indicate that, although the theory is not explicitly adopted, its logic is perceived in penal selectivity, media influence, and the adoption of neutralization measures, such as the Differentiated Disciplinary Regime (RDD). Through the case study of Fernandinho Beira-Mar, it is observed that the penal system often shifts the focus from conduct to the individual's dangerousness. The conclusions confirm that the "enemy" rhetoric legitimizes the flexibility of rights and the expansion of punitive power, transforming sentencing into a mechanism for physical and symbolic containment. It emphasizes the need to reaffirm Criminal Law as an instrument to curb state arbitrariness to preserve democratic principles.