Name: Fernando Vidal Brito
Type: MSc dissertation
Publication date: 06/04/2020
Examining board:
Name |
Role |
|---|---|
| Daniel Arruda Nascimento | Advisor * |
| Jorge Augusto da Silva Santos | Internal Alternate * |
| Jorge Luiz Viesenteiner | Internal Examiner * |
| Rodrigo Ribeiro Alves Neto | External Examiner * |
Summary: Modern punitivism and the constant state of vigilance in modern society find theoretical roots
in Günther Jakobs theory of the Criminal Law of the Enemy. Thus, the present dissertation will
work on the theoretical origins of the Enemy s Criminal Law, especially Rousseau, as this
author is indicated by Jakobs himself as the main influence for the criminal prosecution of the
enemy. Finally, Schmitt s reading of Rousseaus work, especially the general will, will be
fundamental to explain that Rousseaus thought is not a precursor to Jakobs thought, but a
precursor to guarantor theories and the defense of the rule of law, opposing time to the punitive
power of the State as well as the influence of the punitive tradition in the security state that
characterizes the Modern State, which is why Rousseaus general will will be fundamental for
the differentiation between Rousseau and the punitive thinkers, especially Jakobs and Schmitt,
considering that their reading of the general will is different from that proposed by Rousseau,
who thought of the general will as a voluntarist element that allowed plurality in political unity,
being a tool for the preservation of individual freedoms, the ultimate goal of Rousseaus theory
. Likewise, this dissertation will also delve into the practical question of the unfolding of the
punitivist tradition and how these contributed to the formation of the current state of affairs,
especially the State of Insurance, generating a persecuting and discriminatory State in which
security has become the value supreme political system that is supraordinate to the individual
rights of citizens.
Keywords: PUNITIVISM. LAW. ENEMY. ROUSSEAU. JAKOBS. SCHMITT.
