CONCEITO DE DIREITO PENAL DO INIMIGO: UM ESBOÇO SOBRE OS SEUS ASPECTOS GERAIS

This article addresses the Criminal Law of the Enemy and aims to conceptualize the theory of the Criminal Law of the Enemy, developed not only by jurist Günther Jakobs but also by other jurists, professors, and authors who address the topic. The main objective is to arrive at a conceptualization of the Criminal Law of the Enemy. Its specific objectives include: 1. To explore topics such as the genesis and historical origins of the theory of the Criminal Law of the Enemy, focusing on its creator, Günther Jakobs; 2. To analyze the relationship between the theory and the rule of law; 3. To determine whether ordinary Criminal Law can be contaminated by the Criminal Law of the Enemy; 4. To differentiate between enemy and citizen; 5. To briefly outline the punishment meted out to the enemy; 6. To personify the enemy; 7. To present the characteristics of the theory; 8. To demonstrate that the concept of the third speed of Criminal Law is linked to the concept of the Criminal Law of the Enemy; 9. Explain security measures as an essential theme of the theory; 10. Characterize the enemy doctrine as a non-criminal law and as a war against the “non-person.” The research method used is bibliographical. Finally, in the concluding remarks, we arrive at the concept of enemy criminal law, which is presented in two conceptions: 1. Broad conception; and 2. Narrow conception. The latter is the most important, as it is a nearly unanimous concept among the jurists surveyed. They conceptualize enemy criminal law as a “combat,” a “war” of the State against an enemy.