O direito penal do inimigo e a cultura do medo a partir de uma influência midiática.

Abstract

The culture of fear consolidation raises the feeling of revenge on citizens increasingly affected by crime, convinced by the media appeals and due to the ineffectiveness of the government in arresting the growth of violence. This favors the development of the Enemy Criminal Theory, whose thinker, Gunther Jakobs advocates citizen of distinction and the enemy, and the application of more significant penalties to the last. The theory of enemy criminal law through sanction the restoration of order and the validity of the rule violated by the criminal as well as to protect and regain public confidence in the effectiveness and proper implementation of the law. A criminal science to be more effective in dealing with offenders individuals system. The doctrine of Jakobs enemy conforms to the construction of a criminal situation apart of criminal constitutional and procedural safeguards that were won with great difficulty and after years of struggle. This work aims to study the influence of the doctrine of criminal law of the enemy to the Brazilian legal system, together with its expansion rooted in the exaltation of discourses of violence and fear cultivation injected into the society through the media. Therefore, the objective is to assess the social situation that is being built based on the doctrine of enemy bases. The procedure methods will be historical, comparative and functionalist. For the implementation of the research will be used the deductive method and from It will be a general understanding of the influence media oriented to promote the culture of fear, encouraging the application of the Criminal Law of the Enemy Theory in Brazil today. Operate will direct documentary research, through literature research by books, magazines, monographs and electronic items and jurisprudential research.