The Theory of the Criminal Law of the Enemy in Brazil

The Theory of the Criminal Law of the Enemy, spearheaded by Gunther Jakobs, mentions specific criminal treatment for certain people. When analysing the Brazilian legal system, it is possible to see some institutes that deal with the Criminal Law of the Enemy, such as Law No. 9.614/98 (Slaughter Law), Law No. 8.072/90 (Heinous Crimes Law), Law No. 10. 792/03 (Differentiated Disciplinary Regime), Law No. 11.343/06 (Drugs Law), Law No. 12.850/13 (Criminal Organisations Law), and it is for this reason that it is necessary to study this theory in our country. Currently, there is debate about how it can be applied in Brazil, and whether this application can be legitimised, given the following questions: who is considered an enemy? Doesn't the treatment of a Criminal Law of the Citizen and a Criminal Law of the Enemy violate human rights?

Autorentext

Wendel Alves Sales Macedo is Professor at UFPB, Brazil, Master in Human Rights, Law Specialist, Law Graduate, lawyer, lecturer, researcher and book author.