BARROS, M. M. C.; BARROS, Maynara Maria Coelho.
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.
