A tipificação do terrorismo à luz da lei 13.260/16: uma relação com o direito penal do inimigo e sua eficácia

Abstract

This article deals with the topic of terrorism, a topic so important today that deserves attention within a legal system and in legal doctrinal discussions. Furthermore, the focus of the research is the theme within the Brazilian legal system, more specifically Law 13.260 / 16, the Brazilian Antiterrorist Law, created in 2016, a very recent law, which was created in the context of the Olympics that took place in Brazil . The method used for the research was the deductive method, where briefly notes are made about terrorism in the world context, with a much greater focus on the subject within the Brazilian legal system, in addition to that, according to the flow of the text, with the ideas presented, it can be concluded at the end, in a deductive way, that in fact the Brazilian Antiterrorist Law has characteristics of the so-called Criminal Law of the Enemy, in addition to that, it can also be concluded that it is a generic and vague law, with margins for arbitrary interpretations and of difficult practical application, therefore, for the end of the present article, to be able to conclude that in fact it is necessary a legislative change in the sense of becoming a more efficient law to protect the legal good that it is proposed to protect, a law more specific in several points, so that its interpretation and practical application becomes more objective, more proportional in its penalties, going against a Democratic State of Law.