DIREITO PENAL DO INIMIGO E O ENDURECIMENTO DA EXECUÇÃO PENAL BRASILEIRA SEGUNDO O PACOTE ANTICRIME (LEI Nº 13.964/2019)

Abstract

: This research addresses the influence of the theory of Enemy Criminal Law, formulated by Günther Jakobs, on the process of hardening penal enforcement in Brazil, with the objective of analyzing how this theoretical framework manifests itself in the contemporary transformations of Brazilian criminal policy, especially following the Anti-Crime Package and other recent legislation. The methodology adopted consisted of a bibliographic and documentary review, with a critical analysis of legal works, institutional data, and normative frameworks related to the Brazilian penitentiary system and the historical development of penal execution. The main results indicate that Enemy Criminal Law, characterized by the anticipation of punishment and the flexibilization of guarantees, has been progressively incorporated into Brazilian penal practices and legislation, contributing to increased prison overcrowding, violations of fundamental rights, and the weakening of the resocializing function of punishment. Furthermore, the research discussed doctrinal criticisms arising from penal garantism and critical criminology, which highlight the risks of this authoritarian and exclusionary logic within a Democratic Rule of Law.It is concluded that the current punitive model breaks with the constitutional garantist paradigm, reproducing a selective criminal policy that violates human rights, thus requiring a reassessment of penal execution and the promotion of practices that prioritize human dignity and the social reintegration of convicted individuals.