ESTADO SECURITÁRIO, DIREITO PENAL DO INIMIGO E A SEGURANÇA COMO RAZÃO DE SER DO ESTADO
DOI:
https://doi.org/10.51891/rease.v7i11.3165Keywords:
Punitivism. Law. Enemy. Safety. Jakobs.Abstract
Modern punitivism and the constant state of vigilance in modern society find theoretical roots in the punitivist currents of penal jusphilosophy that accumulate centuries of tradition. The notion of man as a wolf that is a predator of man is an old tradition that influences the punitive movement and defends that the fundamental reason of the State is to guarantee the safety of those who are under the umbrella of the State. Such a scenario led to the construction of a security state in which security is the supreme value, influencing personal relationships and raising and overthrowing governments, as well as helping in the construction of the Enemy's Criminal Law. This article will seek to demonstrate the roots of this context and how harmful naturalistic currents are present through the construction of an enemy to be destroyed.
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Atribuição CC BY