DIREITO PENAL DO INIMIGO

Abstract

This article will analyze the increase in violence and crime from the evolution of the branches of society, its globalization and the involution of values ​​that ends up creating a general idea of ​​insecurity and fear, which directly influenced the demands that fall on the law criminal law as a whole. The Criminal Law of the Enemy, a theory developed by Günther Jakobs, influenced by Niklas Luhmann, within the field of criminology, would be a response brought by that author to the growing criminality. In his theory, Jakobs presents the citizen versus enemy dichotomy, and the difference that the Criminal Law should give to both in the face of the commission of a crime, with the first, the citizen, when committing a criminal act, the State would be treated based on dignity. of the human person, on the other hand, the enemy, a person who places himself, by his own will, outside the citizen/State relationship and attacking him and society, would have different treatment, in which he would not have access to procedural and constitutional guarantees, since it is so serious it would be your actions that didn't deserve them. The Criminal Law of the Enemy, for Günther, would therefore be a reaction, albeit radical, to criminality that is increasingly violent and complex.