Direito Penal do Inimigo e a possível influência da sua racionalidade sobre as políticas migratórias europeias e sobre a integridade do Estado de Direito

Abstract

The research analyzes the possible influence of the rationality of the Criminal Law of the Enemy on the migration policies of the European Union and the United Kingdom, and its implications for the integrity of the Rule of Law. It is argued that this rationality, guided by the tendency to punish subjects considered enemies of the State, even before they commit a crime and using practices that are questionable as to their legitimacy, is present in European migration policies, especially after the attack of September 11, 2001, leading, among other factors, to non-compliance with the human rights of migrants and refugees. To this end, a deductive method was used with a bibliographic review technique, using Günther Jakobs' theory of “Criminal Law of the Enemy” as a theoretical framework, and its dialog with relevant sources of European migration law.