As facções criminosas brasileiras e o direito penal do inimigo: uma análise jusfilosófica e prática do combate as organizações criminosas no Brasil

Abstract

The present work aims to explain what the enemy's criminal law theory is, justifying it based on the doctrine of Gunther Jakobs and jusphilosophy, the criminal factions and their actions, besides discussing the possibility of practical application of this theory in combating criminal factions in Brazil. The ability to articulate and the extremely meticulous actions exercised by the so-called criminal factions are well known. Trafficking, extortion, murder and smuggling are among some of the types of criminal practices practiced by these organizations, and from where they obtain benefits, they manage their capital and promote the application of their own laws, their own rules. Jakobs, in his work, originally dated 1985, defends that in specific cases, previously delimited and positivized in the legal system, rights and guarantees can be mitigated, and even the judicial personality of a person could be disregarded in favor of the greater good, which is the collectivity, the social well-being. Works were used that approach the theory itself, the Magna Carta of the Brazilian legal system, in addition to legislation subordinate to the Constitution and the work that best explains the way of action of the largest faction in Latin America, which is Brazilian.