Direito penal do inimigo

: terrorismo - (inimigo) do direito penal

Abstract

In 1985, a new criminal law concept was presented by the criminal Gunther Jacobs: the criminal law of the enemy. By then, it was presented as one more theory that didn't have any reception because it conflicted with the basic fundamental principles. However, right after the September 11 attacks, this theory rises up, being for some a solution for the combat of terrorism. There are a lot of people who have doubts concerning our current legal framework. In spite of significant progress concerning the adoption of measures has already been made, it is insignificant when it comes to the state of preparation of eventual attacks. The wildly attempt to find instruments of combat to potential terrorist acts, not respecting certain limits, drags with it a civilizational set back in ius puniendi, typical of absolute states, which have nothing to do with our world nowadays. Therefore, it is said that the total application of Jackobs' theory: the criminal law of the enemy is unconstitutional. In our legal order there are some institutes that can answer the current crisis of terrorism, for example, the application of a penalty more or less determinated, which is followed by the theory related to the issue of security measures, whose goal is to block the danger of the agent, giving it a process of de-radicalization and resocialization.

Date of Award	24 Jan 2018
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)