O direito como mito: a razão punitiva e a invenção do direito fundamental à segurança pública

Abstract

The Enlightenment anthropological premises showed a negative image of man, resulting in the well-known Hobbesian formulation that “man is the wolf of man”. Thus, modern law, especially criminal law, should play an important role in limiting and controlling threatening human freedom. Developed from the dialectical method, according to the perspective of the critical theory of frankfurtian matrix, the research proposes to face the following guiding questions: what is the relationship between punitive reason and the fundamental right to security? What role does this relationship play in the re-signification of fundamental and state rights in contemporary times? Therefore, it assumes the hypothesis that rationality underlying modern criminal justice has detached itself from freedom as a primordial foundation and has currently instrumentalized an artificial legal figure called “fundamental right to public security” with the purpose of legitimizing the existence of the penal system, which, under the justification of protecting the citizen from violence of other citizens, produces the loss of their own freedom