IMPLICAÇÕES RACIAIS E SOCIOECONÔMICAS NO SISTEMA PENAL BRASILEIRO: UM ESTUDO ACERCA DO DIREITO PENAL DO INIMIGO

Abstract

This paper discusses racial and social inequalities within the Brazilian criminal justice system, focusing on the implications of the Enemy Criminal Law Theory. Identified by Günther Jakobs, this theory categorizes offenders as either "citizens" or "enemies," with the latter subjected to the suppression of fundamental rights and disproportionate punishments. In Brazil, this approach has influenced judicial decisions, particularly in cases involving the black and low-income population, perpetuating structural inequalities. The study examines, based on a bibliographic study as to the procedure, qualitative as to the content and a deductive approach regarding the method, how the Brazilian criminal justice system, through repressive legislation and judicial rulings, has covertly applied the principles of Enemy Criminal Law, exacerbating racial and social disparities.