A manifestação da teoria do direito penal do inimigo da legislação penal Brasileira por meio da Lei n°13.266/2016.

Abstract

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.