OLIVEIRA, M. Q.; http://lattes.cnpq.br/0997984267333484; OLIVEIRA, Mirele Queiroga de.
Resumo:
This paper addresses the analysis of Criminal Law of the Enemy’s theory, as
recommended by Mr. Günther Jakobs, and the thesis manifestation embossed on the
Brazilian penal legal order through Law no. 13.260/2016, which implies on the crime
of terrorism. From the modernization of criminal law, arising from the globalization
process, the conception of the enemy formatted by Jakobs is entered. In this regard,
shall be plotted the theoretical, philosophical and political constructions, analyzing, as
a starting point, the study of theories that underlie what was proposed by Jakobs. By
this provision, it is necessary to determine the basic assumptions of the thesis, and a
comparative analysis with Brazilian infraconstitutional legislation, emphatically, the
Terrorism Act, presenting itself as a manifestation expressed in the national criminal
seara. In the theme of study, It will be used as a way of research, bibliographic
researches, through search sources and doctrines, jurisprudence, exams of
theoretical works, laws, among others; and the method will be the deductive, as a
way of approach, once it is intended to search for results based on the analysis of the
listed assumptions.