DEMOCRACIA E O POPULISMO PENAL A LEI E ORDEM COMO REALIDADE OU COMO UMA FALSA PROMESSA

Abstract

Populist speeches, especially speeches that proclaim law and order, are often violent and exclusionary and exploit the population's fear and insecurity to implement punitive and authoritarian criminal policies. Thus, the theme of the present study refers to populism and the Democratic Rule of Law, delimiting an approach to the punitive nature that may violate individual and collective rights. Due to the populist political scenario that has gained space in today's society, the general objective, as well as the guiding question, is the following: “law and order” policies based on criminal populism can contribute to the weakening of the Democratic Rule of Law and (in )effectiveness of individual and collective rights. The study was divided into three parts, the first of which aims to address the troubled relationship between the main concepts: democracy and populism. The second theme of the approach deals with how the issue of (in)security is treated in political discourses. Finally, the third period seeks to answer the central question, that is, whether or not the promise of law and order at any cost can contribute to the weakening of the Democratic Rule of Law and the (in)effectiveness of rights. To achieve the proposed objective, deductive reasoning is used as a methodology to intertwine ideas about democracy, populism and criminal policies. As for data collection, the research is bibliographic.