Direito penal do inimigo: uma análise crítica da lei do abate em face dos princípios e garantias constitucionais
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Date
2020-12-16
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Universidade Católica do Salvador
Abstract
The main objective of this article is to analyze the possibility of violating
constitutional principles and guarantees under the Slaughter Law. For this, a
bibliographic review based on the conceptionist theory of the German jurist
Gunther Jakobs, called the Criminal Law of the Enemy, was chosen as a starting
point. According to the theory, there is a kind of separation between the agent
who is considered a criminal, and in the first, the criminal is considered a citizen
and would have the right to an appropriate trial. The second classification, on the
other hand, understands that the criminal is an enemy of the State and therefore
should be treated differently. Based on this, when relating the Slaughter Law to
the theory of the Criminal Law of the Enemy, it is intended to observe whether in
fact the aforementioned law constitutes a manifestation based on the theory of
Jakobs and if for that fact it can be considered unconstitutional, that would be
contrary to fundamental principles and guarantees of the Federal Constitution.
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Keywords
Lei de abate, Direito penal do inimigo, Garantia constitucional, Inconstitucionalidade, Slaughter, Enemy, Principles, Guarantees, Unconstitutionality