A revitalização da criminologia positivista pela política criminal atuarial contemporânea

Abstract

The purpose of the Actuarial Criminal Policy, which guides the contemporary criminal justice system in the United States, is to find the causes of crime by collecting and identifying biological, psychological, and social data common to criminals, who classify them as naturally dangerous individuals . Faced with this ontological data, one can not end crime, but manage it efficiently. And the science of Statistics will help this task by calculating the risk - used by actuarial instruments - of the possible danger that individuals, targets of the punitive power of the State, can represent for society. The function of punishment then becomes the selective incapacitation of these beings. Hence, the similarity with the Criminology of the Italian Positivist School, because, besides adopting the etiological matrix of the crime, aims at the special negative prevention as the purpose of the sentence. Thus, the extirpation of internal elements not compatible with the social standard becomes the main goal of the criminal justice system. These targets of the political-criminal program are defined based on their genetic or behavioral aspects, causing Criminal Law to have a declared enemy.