Populismo penal: o uso do medo para recrudescimento penal

Abstract

From the perspective of the Elites' Theory, it is analyzed how fear, delinquency and Criminal Law are used in the struggle for power. The media has a key role in spreading the fear of crime, as it is widely publicized, making the population to feel and believe that violence and corruption reached alarming levels, even if the official rates do not indicate such increase. The usage of Criminal Law for electoral or marketing purposes can be very harmful, since criminal measures such as increasing sentences and criminalizing more conducts are not effective to combat violence. Despite population gain access to news about delinquency on daily basis. Inhabitants seek for quick solutions for the violence problems, generally within the criminal justice system but do not perceive that although in the medium and long term can be harmful and undermine Democracy. Elites connected to populist politicians use criminal measures to divert the population's attention from political or social problems, channeling dissatisfaction to criminal measures, favoring the adopting authoritarian measures under the pretext of combating crime. such measures will to not resolve the problem and will make it more and more difficult for Criminal Law to reach its goals. Democracy will be put at risk every time more authoritarian measures are taken under the pretext of bringing social peace. Since they do not take effect, the population ends up having increasingly distrust of democratic institutions