Os fundamentos constitucionais do direito penal como limitação ao expansionismo punitivo: a discussão em torno da redução da maioridade penal como expressividade da expansão punitiva contemporânea

Abstract

There is, in contemporary society, the sharp popular clamor for expansion of criminal law, especially the increased use of criminal sanctions. This work is meant to investigate how this punitive expansion is configured and how it would be possible to find limits to such a phenomenon. Initially, it shows important to remember the foundations of the Right to Punish, as well as the mainstay of points of criminal law and linking this sector with the Constitution. Since then, it analyzes how today's society behaves, in the light of the reflections of Zygmunt Bauman, as it is instrumental, pretty, to better understand the roots that support claims for more intense punishment. Once set punitive expansion, especially in its intensive modality, seeks to describe the effects entailed by such a phenomenon, not always disclosed to the popular breast. In order to print more concrete and current outlines the subject takes up the case of reduction of criminal responsibility, as an example of this contemporary punitive expansion. Finally, there is a purpose collate the foundations of criminal law, inspired by a minimalist current and taken over by the Constitution country - which has the power to guide the shape of the power to punish be exercised - thus attempting to find limits for such tool that the state has, attempt which ultimately protect the rights and guarantees positivized in the Constitution and the very foundations and objectives of na authentic Democratic State.