Direito penal do inimigo e execução: análise do atraso na emissão de guias de execução como arbítrio contra cidadão

Abstract

The study at hand is grounded in the understanding of Enemy Criminal Law, a theory developed by Gunther Jakobs, which characterizes a penal system of exception focused on the dangerousness of the criminal rather than their culpability for the committed offense. The primary objective of this research is to analyze the structure of the penal execution process within the context of this theory, particularly correlating it with the issues arising from delays in the issuance of execution warrants. The adopted research method is hypothetico-deductive. The findings indicate that, despite being contrary to the principles of the Brazilian legal system and the Democratic Rule of Law, there are significant evidences of the application of Enemy Criminal Law in the national penal legislation. This research underscores the importance of analyzing the impacts of delays in the issuance of execution warrants in light of Enemy Criminal Law theory. By investigating the legal precepts related to detainees' rights and social reintegration, gaps in the Brazilian prison system and the urgency of reforms are highlighted. The delays in warrant issuance compromise the application of proportional punishment and undermine the credibility of the justice system. Furthermore, the need for a grounded legal approach to address structural challenges and violations of rights in the prison context is evident, aiming to ensure respect for the principles of the Democratic Rule of Law and human dignity.