A TEORIA DO DIREITO PENAL DO INIMIGO: UMA ANÁLISE CONSTITUCIONAL E LEGAL À LUZ DA HISTÓRIA.

The present study deals with the criminal law theory of the enemy, which had its expansion and maturation, by the German jurist Günther, in the last century that aimed to reduce crime by imposing rigid penalties, excluding a variety of rights of those considered enemies of the state, taking away the personality of these, and not considering them as people. This study aimed to analyze beyond the aforementioned theory, to investigate for the possibility of the institution of this in the Brazilian legal system. In addition some Brazilian legislations with little characteristics of the criminal law of the enemy were listed. The work developed through the study of legislation and doctrine, as well as the historical aspects that guided the creation of the criminal law of the enemy. As a result, it is impossible to institute this system of law in the country, since the Federal Constitution prohibits any person from being subjected to torture, inhuman or degrading treatment, making no distinction from anyone, however dangerous it may be. being, guiding, being all state action, delimited to a series of principles, having the dignity of the human person, as root, for all legal order