Direito penal do inimigo: uma análise sob os aspectos da cidadania

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This work has as main theme the analysis of the Enemys Criminal Law theory reformulated by Günther Jakobs. For both, there was an examination of theories of Penalty and located to the Criminal Funcionalism of Jakobs among the theories of General Positive Prevention. Done this, it is analyzed the characteristics and fundamentals of the Enemys Criminal Law and its insertion in phenomenon known as Expansion of the Criminal Law. Subsequently, it was made a study of philosophical assumptions that underpin this doctrine, especially as regards the ideas of Rousseau, Ficthe, Hobbes and Kant. Finally, drew up the historical development of Citizenship, delimit up its content and its incompatibility with the Enemys Criminal Law.

ASSUNTO(S)

prevenção geral positiva direito funcionalismo general positive prevention funcionalism criminal law of the enemy citizenship cidadania philosophy of law direito penal do inimigo filosofia do direito

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