INTERSECTION BETWEEN THE CRIMINAL LAW OF THE ENEMY AND THE NEOCONSERVATORY IDEAL AND ITS REFLECTIONS IN BRAZILIAN CRIMINAL JUSTICE

Abstract

This study intends to analyze the points of convergence between the conservative values observed in today's society and the Enemy Criminal Law, as well as, under the lenses of sociology and critical criminology, understand its reflections on criminal justice and legislation. To do so, it resorts to qualitative bibliographical research. In the same sense, an analysis of Law 11.343/06 (Drug Law) is promoted in order to verify the presence of aspects of the Penal Right of the Enemy Criminal Law in the Brazilian legal system. In light of this analysis, become evident the marks of penal dichotomization based on the notion of the enemy, a figure that is drawn from conservative stigmas.