A interpretação intersticial dos punitivismos: ainda o “tipo de autor” em um direito penal dissimétrico

An exacerbated punitive view may end up perverting the reading of the criminal legal system. Only an interstitial reading of practices and applications of legal norms will allow us to visualize potential exaggerations. This essay aims to point out the paths and trajectories through which the dissymmetry in the interpretation of norms creates dissimulations leading to a deliberated application of punishments, pre-oriented against certain specific subjects. The “type of offender” survives in current law, as a way of selecting condemnable profiles in advance. We will use as our epistemological basis the thought of Michel Foucault, in the texts in which he studies the legal phenomenon.