2024-11-262024-11-262023-05-04GONÇALVES, Jean Pedro Costa. Recrudescimento do penalismo brasileiro. Orientador: Ivanildo Ferreira Alves. 2023. 50 f. Trabalho de Curso (Bacharelado em Direito) – Faculdade de Direito, Instituto de Ciências Jurídicas, Universidade Federal do Pará, Belém, 2023. Disponível em: https://bdm.ufpa.br/jspui/handle/prefix/7466. Acesso em:.https://bdm.ufpa.br/jspui/handle/prefix/7466Brazilian Criminal Law has had expansive phenomena of criminal policy, going through periods of Military, Transitional and Democratic Regimes, by left and right governments. Everyone has the right to the preservation of fundamental rights and guarantees, however, the dysfunctional use of such rights, called hyper-guaranteeism, facilitates impunity and constitutes a concrete danger to society. The penal innovations occurred through the legislative and judicial channels. The legislative upsurge has some inconsistencies, such as the innovations of the Anti-Crime Package to remove the qualifier of heinous crime from the conduct of extortion qualified by death; as well as treats as a heinous crime the theft qualified by the use of explosives; however, theft with destruction or disruption of an obstacle using an explosive is not considered such. Another inconsistency is the treatment of criminal organizations as non-terrorists, although there is parastate and antistate rigging. Despite the growing expansion of criminal policy, there is a counter-movement towards decriminalization, as in the crime of adultery, which occurred through legislation, generating as a reactionary posture the proposal to criminalize incest. The legitimation of the power to punish is directly linked to the social meaning of its acceptance: for the jurist, an authority is valid or not; for the sociologist, validity is gradual. The Enemy Criminal Law Theory had its origins in systemic functionalism; in which there is a distinction between the criminal law of the citizen and the criminal law of the enemy. In the first, conduct is punished, and in the second, the subject is punished, through security measures, such as the Differentiated Disciplinary Regime. The application of the Theory of Fact Domain makes possible the conviction for crimes of abstract danger.Acesso AbertoTeoria do inimigo do estadoTeoria do domínio do fatohipergarantismohyper-guaranteeismThe enemy criminal law theoryTheory of fact domainCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITOTrabalho de Curso - Graduação - Monografia