SOCIAL ANXIETY FRONT OF THE EFFECTIVENESS OR NOT OF SYMBOLIC CRIMINAL LAW

Abstract

Symbolic criminal law has been an escape valve for the State to calm the population, which fights for more effective measures to combat crime, in the current scenario, bringing a mere sense of tranquility. With this, the behavior of society in the face of the creation of this norm is questioned, as well as the transition from it. In this analysis, with the creation of a law with the assisted function, the people have a short period of lull, but, over time, they realize how ineffective that rule was, neither repressing nor preventing criminal conduct. From this, this work has the objective of verifying, through bibliographical research, the ineffectiveness of the use of the symbolic criminal law to punish a criminal conduct, in which, it is characterized for being an emerging measure to calm the society, showing the false sensation of tranquility. In addition, it will be explained, from examples, some laws that were created having the witnessed function. Therefore, the mere symbolic use of criminal law does not guarantee that the social desire has been met, it is necessary to take measures that go beyond the use of criminal law to guarantee the transit of the legal device. Therefore, it is important to adopt control measures to prevent transgression of the norm, and to prevent this delinquent behavior from being repeated.