A expansão do direito penal do inimigo na dogmática penal contemporânea

Gabriel Henrique Mateus de Albuquerque

Research output: Contribution to journalArticlepeer-review

Abstract

In the current security context, we have seen a resurgence of the Criminal Law of the Enemy in criminal policies. At the heart of this theory is the differentiated treatment of citizens and the enemies of society. While the rules of ordinary criminal law apply to the former, the latter are stripped of their rights, freedoms and guarantees, both substantive and procedural. In this study we intend to expose the characteristic features of this theory, starting with the categories of offenders that are usually classified as enemies. Next, we will identify the expansive effect that this current trend has had in contemporary criminal theory, taking advantage of the growing strength of penal populism in order to gradually undermine the foundations of liberal criminal law, based on the dignity of each and every human person.
Original languagePortuguese
Pages (from-to)31-57
Number of pages27
JournalCatólica Law Review
Volume8
Issue number3
DOIs
Publication statusPublished - 22 Dec 2024

Keywords

  • Criminal law of the enemy
  • Penal populism
  • Rights
  • Freedoms and guarantees
  • Human dignity

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