O avanço do Direito Penal do Inimigo sob a justificativa do combate ao terrorismo no Brasil.

Abstract

This article analyzes Günther Jakobs' theory of Enemy Criminal Law and its manifestation in the Brazilian legal system, with a special focus on Act n. 13.260/2016 (Anti-Terrorism Law). We live in a "risk society", where a growing sense of insecurity fuels demands for more interventionist criminal law. The research investigates how the Anti-Terrorism Law, under the justification of combating this threat, incorporates elements of exceptional criminal law, such as the anticipation of punishability , disproportionate penalties , and the weakening of constitutional guarantees. Based on a bibliographic and documentary analysis, the incompatibility of such mechanisms with the fundamental principles of the Democratic State of Law, such as human dignity and strict legality, is demonstrated. It is concluded that the Anti-Terrorism Law represents a dangerous advance of the "Discourse" of Enemy Criminal Law, opening the door for penal selectivity and the criminalization of social movements, to the detriment of a guarantee-based criminal system. Keywords: Enemy Criminal Law; Terrorism; Act n. 13.260/2016; Democratic State of Law; Günther Jakobs.