O rosto do inimigo: uma desconstrução do direito penal do inimigo como racionalidade biopolítica

• Ano de defesa: 2007
• Autor(a) principal: Pinto Neto, Moysés da Fontoura
• Orientador(a): Souza, Ricardo Timm de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITO PENAL; RACIONALIDADE; CRIMINALIDADE; ÉTICA
• Link de acesso: http://hdl.handle.net/10923/1714

The present dissertation, developed in the research line Criminology and Social Control, is a critical reflection about the German jurist Günther Jakobs' thesis Penal Law of the Enemy. The starting point is that the Penal Law of the Enemy must be read as a kind of state of exception, in what the juridical norms are suspended without losing their validity, forming an emptiness complemented by the figures of homo sacer, as an individual submitted to the Sovereign Power, and the camp, as a biopolitical anomic space. The Jacobs' inflection is able to disconnect itself from the constitutional texts based on a normative concept of person, creating a gap where is possible to infiltrate the state of exception. This argument turns the confrontation with the Brazilian Constitution, for example, insufficient, because it does not get th main point. This fact conducted the research to confront the Penal Law of Enemy's foundation rationaly, discussing it in its basis. Trying to go under the concrete's exceptionality, based on the desconstruction's strategy, the research looked for attack the Jakobs' theory opening alterity gaps. By this way, all the biopolitical logic of the penal system - the Enemy's logic - is attacked. The concepts elected as the main structural stones of the Jakobs' theotical building are: 1) order, as a strategy of Enemy's construction; 2) representation, as the cognitive support that thematizes the Enemy; and 3) persistence on being, as the last structure that fixes an immance order unable to open itself to the Other. Therefore, by the desconstructions strategy, a constant conflict between the instrumental rationality of functionalism and the ethical rationality of alterity was aimed.