A utilização do direito como forma de combate aos inimigos do Estado

Abstract

The objective of this work is to reflect on the figure of the enemy in the rise of groups to power, thus the vision given by the so-called Criminal Law of the Enemy, in view of the State, aiming to expose the determinations adopted in criminal law and to which the national legal system arrived as an instrument for the execution of the penalty, against the one that aims to harm the state, which causes the judiciary to end up making decisions in the face of criminal legal determinations. Whether or not the fundamental principles and rights of individuals are respected, these groups that came to power have changed legal, sociological and historical thinking around the globe, either by their achievements while in power or by their ideologies and forms of government. In this compass, the research will have deductive methodology, as well as the methods of research and analysis of bibliographic and documentary content, consistent with the doctrinal points of the present study, since all the questions and factors exposed are reasons for discussion in the academic world. The guarantees provided for in the Constitution of the Federative Republic of Brazil of 1988 must be respected by the operators of the law and by the groups that become holders of the Executive and Legislative Power in order not to repeat historical situations that violate the rights of individuals and that violated the Principle of Dignity of the Human Person.