A TAUTOLOGIA VAZIA DA LEI ANTITERRORISMO E A DIALÉTICA PENAL DO INIMIGO COMO INSTRUMENTO DE DEGENERAÇÃO DO ESTADO DE DIREITO

Abstract

The scope of the present research is to perform a critical analysis of the rules of the Anti-Terrorism Law (13.260/16), based on the observation that its devices reflect precepts of the Enemy's Criminal Law theory, such as conducts of abstract danger, punishment of preparatory acts and flagrant flexibilization of fundamental rights and guarantees. Through the hermeneutic methodological procedure, with a qualitative approach, an exploratory research is sought that crosses the symbolic and arbitrary logic of electing a circumstantial enemy within a democratic system and the imbrications that arise from the rationality of exception that, when taken as a rule, serves as an exercise of permanent social control. The instrumentalization of criminal law maculates the democratic regime and begins to cultivate totalitarian elements that take shape and advance freely in the sphere of the individual.