O estigma da vingança privada em face da hodierna atuação estatal da aplicação da lei penal.

Abstract

In Brazil, the frequency of lynching has increased considerably in cases of criminal practice. For this reason, it is important to study the most barbarous form of justice: popular justice. From the earliest days, the penalty exists with the intrinsic purpose of reprimand for the ones who pratice a crime. However, with the evolution of society, there was a transfer to the State of responsibility to watch over the common good, to preserve interindividual relations and to pacify conflicts, thus the responsibility of the State to judge and punish all that endanger social peacel. However, it has been seen lately that the revolted population is increasingly seeking to prosecute and punish on its own, that the reason why the number of public lynchings of individuals who are allegedly committing or committs a crime is increasing. Thus, there is a need to explore the social issues that lead people and / or groups to practice actions that are going to be inconsistent with the social contract, as well as reflect on the legal and judicial implications of this perverse way of punishing. This creates a set of social problems that lead to structural solutions at odds with dominant values. So, through the historical / deductive method, the objective is to demonstrate, without exhausting the questions about the subject, the innumerable causes and factors that can increase this crime of popular justice, besides clarifying some previously unknown elements.