Anti-terrorism Laws Research Articles

Трансформация антитеррористического права России в условиях глобализации

The article shows the creation and development of modern antiterrorism legislation in the Russian Federation. It is noted that the period of its formation coincided with the involvement of the post-Soviet Russian Federation in the process of globalisation, an inherent feature of which is the integration and unification of the legal systems and national legislations of individual states. According to the author, convergence of national anti-terrorist legislation of those states involved in countering transnational, global international terrorist organizations, such as the Islamic State banned in the Russian Federation, seems particularly important. The process of adjustment of the Russian national legal system to needs of counteraction to terrorism (external and internal), its transformation both taking into account features of the international, and foreign legal experience of counteraction to terrorism is considered. The current strengthening of responsibility for terrorist crimes in the Criminal Code of the Russian Federation in many cases should be seen as a manifestation of global trends in combating terrorism. Not only the tightening of sanctions for terrorist activity, but also the addition of new anti-terrorist norms to the Criminal Code of the Russian Federation is proposed to be regarded as one of the results of integration processes in national law. Despite the steps taken to transform Russian counter-terrorism legislation, its approximation and integration with international and foreign law, the process of globalisation in this field is not complete. It is concluded that the transformation of the Russian Federation's anti-terrorism law (the relevant counter-terrorism legislation and the relevant criminal law norms) must be continued in order to further its involvement in the effective counter-terrorism response in general - international law in the first place. Terrorism has long ceased to be perceived as a local threat, so the internationalisation of counter-terrorism is one of the manifestations of globalisation in law. However, globalisation, which is a catalyst for the convergence of legal systems and national legislations, does not mean that the transformation of national law must necessarily lead to the dismantling of legal institutions and traditions successfully applied in the practice of law enforcement agencies and courts of states. The author declares no conflicts of interests.

Segmented terrorism in the Sahara-Sahel zone. The second stage: 2016-2021

Several distinctive points characterize the second stage under analyses: the expansion of new armed alliances - Jamā’at Nuṣrat al Islām wal Muslimīn (JNIM) and Islamic State of the Greater Sahara (ISGS); the rise of resistance movement; the growth of inter- and intra-communal tensions. Conflicts embraced the regions of Central Mali, Niger and Burkina Faso, populated predominantly by ethnic Fulani. Armed jihadi groups spread alarmingly in the northern border zones of Benin, Côte d’Ivoire and Western Nigeria. Trying to stop destabilization, Mali, Niger and Burkina Faso harshly and unduly pressed local population (predominantly the cattle-breeder Fulani) instead of mounting preventive measures. Indiscriminating state military campaigns further provoked radicalisation of ethno-militias aggravating struggle for meager resources, retaliatory actions and ethnic cleansing. The net result of the government’s policies has been inflation of its legitimacy in the Fulani populated regions of Mali, Niger and Burkina Faso. It became the best situation for JNIM and ISGS to recruit. In contrast with the previous stage, JNIM and ISGS are deeply rooted in local clan-cast structures and enjoy more support from wider population. For some years theу have effectively managed access to pastures and water resources, resolve communal disputes and protect willing pastoralists, hunters, traders and peasants from bandits and corrupt state officials. Drivers and deep causes of the situation cannot be explained from the perspective of ‘common enemy’ in the ‘war on terror’ - implicit impetus of many anti-terror studies and related international laws, both in dire need of revaluation.

Securing Swiss Futurity: The Gefährder Figure and Switzerland’s Counterterrorism Regime

This article explores the notion of the Gefährder, the German term for a ‘potentially threatening individual’, in the context of the latest expansion of both the spaces of prevention and preemption, particularly through the new anti-terror law (PMT) in Switzerland that drew widespread criticism from the international community for its wide judicial reach and vague terminology around terrorist activities, thereby breaching a series of international legal norms and treaties. The term Gefährder represents a historical and political assemblage that exists across space and time in various iterations based on the colonial and racialized Other. This article argues that the latest prototype emerging out of the current Swiss counterterrorism architecture has unique qualities. The Gefährder serves as a bio- and ontopolitical governance tool, through its bodily and affective qualities, that exerts Swiss state control, and reaffirms Swiss national identity and national conservative underpinnings to preserve a particular kind of Swiss futurity. This research aspires to contribute to a body of research on counterterrorism regimes and its affective and bodily subjects in post-imperial nation-states.

جريمة تمويل إثارة الفتنة الطائفية في ضوء أحكام قانون مكافحة الإرهاب رقم (13) لسنة 2005

The danger of provoking sectarian strife lies in destroying the essence of the agreement on the basis of a peaceful meeting between members of the people, whether with regard to their relations as individuals and communities (components) or its impact on the political consensus documented in the constitution that governs the pillar of legal authority in the state. The images contained in the text of Article (2/4) of the Anti-Terrorism Law No. (13) of 2005, including terrorist acts and ordinary and dishonorable crimes which punishes in Articles (4-6) of the law. Financing is done by every act committed by any person who, by any means, directly or indirectly, willingly provides or collects funds, or attempts to do so from a legitimate or illegitimate source with the intention of using them with the knowledge that these funds will be used wholly or partially in the implementation of an act that would incite sectarian strife, whether Sedition occurred or not, regardless of the country in which this funding is located.

Analysis and examination of terrorism crime legislation

In the past 10 years, China’s legislation on terrorist crimes has undergone great changes, which not only responds to the inherent requirements stipulated in the international conventions, but also refl ects the policy governing terrorist crimes. The legislation of terrorist crime presents new dimensions, specifi cally for the preventive strengthening, the increase of severity, the increase of rigour. Under the background of risk society, the legislation of terrorism crime has positive social signifi cance, which is embodied in the combination of punishment after the event and prevention before the event, the unity of behavior harm and personal danger. In the future criminal legislation, it is necessary to enhance the foresight of legislation, promote the scientifi c nature of legislation, and strengthen the effective connection between criminal law and anti-terrorism security law, which should be the development direction of terrorism crime legislation

Police capacity and autonomy issues in sectarian crimes and enforcement of anti-terror laws in Punjab

Contemporary research mainly relates police ineffectiveness in sectarian crimes prevention-investigation and enforcement of anti-terror laws to disorganized police infrastructure, a shortage of manpower, a lack of professionalism and limited access to modern equipment. This article, by applying capacity (i.e. manpower, resources, professional and technical training, etc.) and autonomy (effective and neutral exercise of powers within mandates delegated to them) concepts, aims to examine police effectiveness in the enforcement of anti-sectarian laws in the context of interference in their functions by the political executive and the State’s Army. It addresses the question: How do police capacity and autonomy issues affect police effectiveness in prevention-investigation of sectarian crimes and enforcement of anti-terror laws? This article applies a mixed method research approach by using data from books, journal articles, newspapers, TV talk shows, online sources and interviews. It relates the police’s effectiveness in prevention-investigation of sectarian crimes and enforcement of anti-terror laws to their capacity and autonomy issues in the Punjab Province of Pakistan. It argues that the police due to capacity and autonomy issues cannot exercise delegated powers impartially, which affects their effectiveness in prevention-investigation of sectarian crimes and enforcement of anti-terror laws.

Dimensions of Violence in South Asia: The Indian Context

As a result of the division of Indian sub-continent Pakistan was created as a sovereign, independent country in August 1947 while its eastern part became independent in December 1971 and formed the independent country called Bangladesh. The three independent countries of South Asia Pakistan, Bangladesh and Afghanistan have a Muslim majority population following Islam actively while India is a Hindu majority country having the followers of different religions. Although five countries–India, Pakistan, Afghanistan, Bangladesh and Sri Lanka have the tradition of political violence the problem of terrorism erupted in last four decades. It is a region of Jihadi–dominated terrorism which is nowhere near containment and it propagates the pernicious ideology of hate, revenge, and violence. It treats all conflicts with non-Muslims worthy of Jihadi and even considers liberal Islamic regimes, organisations and individuals as unIslamic. In most of the countries there are anti–terror laws but lack of political will to take effective and stern action against the terrorist have made the laws useless or partially useful.

Policing a Pandemic: Understanding the State and Political Instrumentalization of the Coercive Apparatus in Duterte’s Philippines

As the world was mired in distress, some leaders saw opportunities to exploit the pandemic and further consolidate their grip on power. It is, thus, the objective of this article to discuss how, when, and why the state’s coercive apparatus has been instrumentalized by its leader amid a crisis. It will also explain how such apparatus has shaped both the aura of invincibility of the state and social order within the polity. The deployment of the Philippine National Police by President Rodrigo Duterte will be analyzed and discussed. The main argument of the article is that while the police has been given extensive powers to amplify the state’s power and assist in administrating a crisis-stricken society, they have also been instrumentalized to bolster an illiberal regime. In particular, the police were bestowed positions of authority within the state’s pandemic response apparatus, provided a broader leeway to wield violence through a contentious anti-terrorism law, and mobilized to unfairly enforce government-imposed measures. Thus, amid the COVID-19 pandemic in Duterte’s Philippines, civil liberties were violated, cultures of violence and impunity worsened, and the executive powers were consolidated.

Anti Terrorism Legal Framework in Pakistan and Challenges before the Criminal Justice System


 
 Terrorism is a global problem and it is becoming more complicated over the years. Most countries including Pakistan are adopting new measures to combat terrorism. However, the existing legal regime in Pakistan has several weaknesses and the government faces new challenges in fighting terrorism. This paper examines the anti-terrorism legislation of Pakistan by arguing that it has become unsuccessful to curb the threat of terrorism by fetching the terrorists to justice. This paper also provides analysis of the development of anti-terrorism laws in Pakistan after the September 2001 terrorist attacks in the US (9/11 attacks) through a broad history of progression as per the varying nature of the hazards faced by the State. Several governments made various legal mechanisms to cope with the criminalities those could not be sought under the ordinary judicial system of the State. Being the primary anti-terrorism legislation, the Anti-Terrorism Act, 1997 is used to handle the menace of sectarian violence in the State. Due to the 9/11 attack, throughout varying character of the danger caused by the Al-Qaeda or Taliban connected local terrorist Jihadi as well as sectarian organizations, Pakistan needs to amend not just the anti-terrorism procedure, but also required to introduce new related regulations to make the law more effective to aid speedy trials of the involved terrorists. This paper reviews critically the existing anti-terrorism laws, investigation techniques and trial processes adopted in Pakistan and identifies weaknesses and challenges in ensuring the effective implementation of the laws
 
 
 
 

Policja w działaniach antyterrorystycznych

Artykuł jest poświęcony funkcjonowaniu Policji w systemie bezpieczeństwa państwa w kontekście zagrożenia terroryzmem. Opisuje podstawowe zadania tej grupy dyspozycyjnej w zakresie zapobiegania, przeciwdziałania i neutralizowania skutków działań o charakterze terrorystycznym. Analizie podlega także zakres uprawnień ustawowych Policji w związku z wejściem w życie z dniem 2 lipca 2016 r. tzw. ustawy antyterrorystycznej.

Bridging the gap: Contributions of academics and national security practitioners to counterterrorism in Indonesia

The revision of the Anti-Terrorism Law in Indonesia stimulates ongoing discussions about collaboration of all instruments of counterterrorism, coordination, and the important role of both academics and practitioners in the field. This study aims to identify variety of contributions of academics and national security practitioners to counterterrorism in Indonesia. Participants from government agencies and universities working on terrorism were involved in the study. Moreover, the study administered systematic review and qualitative text analysis to documents of CVE (Counter Violent Extremism). The findings demonstrate that there are fifteen aspects addressed in counterterrorism in which academics and practitioners are working simultaneously. Moreover, there are similarities and differences of contributions by academics and national security practitioners in each of these fifteen aspects of counterterrorism.

New world order and India, S policy toward protection of human rights in Afghanistan

The traditional attitude of India's social reformer, political leader, current politicians, diplomatic and policy makers are having the habits of cooperating to international order, if it seems fair and applicable to world justices. India have been participating in so many world affairs with material assistances as part and parcel of human rights protector than any other country in the contemporary history with the permission of powerful countries. Very notably, since dawn of 2001 as focus light of south Asia peace as well as Afghanistan peace even after death of Taliban rule in Kabul. India interest sprang at high level to strengthen Afghanistan political institutions with goal to protect human rights. Since soviet invasion in 1979 to 1989, there were sporadic chaos, commotion and bomb blast due to supper power politics, rivalry and regional countries politics. This had created so many economic damages, unrest and human rights lost. After end of Russia invasion Taliban ruled Kabul again about ten years with so many human rights violations as unanswerably as unaccountably. Therefore, as big power of south Asia India could not have prevented and involved in Afghanistan for protection human rights against Talban rule unless U.S bring new anti-terrorism law as a new world order. So, after initiated new world order by U.S as to destroy terrorist has been as most useful to India in number of ways such as, rapprochement with Muslim people protecting human rights gaining good name from the Afghanistan people andfortifying India's growing power beyond the South Asia.

التوفيق بين واجبات الدول: مكافحة الإرهاب وحقوق الإنسان

Terrorism is the most harmful phenomenon at the present time through acts of violence resulting from it against lives, bodies, freedoms and property, which undermine or threaten international peace and security. States are obligated to fulfill their duty to maintain security and stability and protect the lives and property of their citizens. In order to fulfill their aforementioned duty, States should have the necessary powers to combat Terrorism, provided that this does not lead to a complete undermining of human rights. Rather, minimum levels must be ensured in a way that does not affect the aforementioned authorities, as these authorities are regulated by internal laws so that their actions are within the principle of legality. In Iraq, for example, there are Anti-Terrorism Law No. (13) ) Of 2005 and the amended Counter-Terrorism Service Law No. (31) of 2016 which were; however, not in the same format as the laws of other countries, especially with regard to the powers of the security services in monitoring the actions of suspects in terrorist acts and imposing restrictions on their movements as is in the laws of the United States, Britain, France and Germany. It is also worth noting that ensuring a fair trial is the most important guarantee for the protection of human rights while government agencies fulfill their duty to combat terrorism. The innocent must be protected and perpetrators of terrorist crimes must be prosecuted without prejudice to the defendant’s rights who should not be subjected to torture and not to delay his trial without unjustified delay stressing on the impartiality of the courts.

What Drives Diffusion? Anti-Terrorism Legislation in the Arab Middle East and North Africa

AbstractSince 9/11 most Arab states in the Middle East and North Africa have introduced anti-terror laws. Are they part of the global-diffusion processes that have spread anti-terrorism legislation worldwide? This paper studies the drivers of anti-terrorism legislation in these Arab states, contributing to the emerging research on authoritarian diffusion. The analysis demonstrates that regional and domestic explanations, rather than diffusion from the international level, are key. This is evident from the chronological order in which anti-terror legislation has appeared, the regionally inspired definitions of terrorism, and the immediate drivers behind such laws.The past few decades have seen two temporal clusters of new anti-terrorism legislation in the Arab world. In the first decade of the new millennium, mainly domestic terror attacks drove the adoption of anti-terror laws. Meanwhile, regional efforts to comply with international counterterrorism efforts after the 9/11 attacks played a subordinate role. In a second wave following the Arab uprisings of 2011, anti-terror legislation was driven increasingly by authoritarian governments’ desire to penalize dissent, as they sought to inhibit the spread of protests on the regional level.A systematic overview of the terrorism definitions contained in the new laws offers evidence for policy convergence. Instead of adhering to internationally recognized understandings of terrorism, the definitions in Arab legislation follow regional examples. The vague definitions of terrorism featured in the new laws allow for repressive measures being taken against challengers of authoritarian rule.

To give a dog a bad name to kill it – Cameroon’s anti-terrorism law as a strategic framework for human rights’ violations

ABSTRACT Since the enactment of Cameroon’s anti-terrorism law in 2014, the government has embarked on systemic violation of fundamental human rights and freedoms. In this article, I identify and examine instances of human rights violation perpetrated by the government of Cameroon through the anti-terrorism law. I argue that the law is increasingly being used as a strategic framework to suppress the exercise and enjoyment of fundamental rights in Cameroon. I specifically argue that the Military Court’s interpretation and application of the law against the rights to strike and freedom of expression, for example, are wrong and unconstitutional. Accordingly, the law is an anathema to human rights and could rightly be qualified as the new law on repression of fundamental rights. There is a need for the government of Cameroon to amend the law such that it reflects its international human rights’ commitments.

A transcendental ameaça do direito penal do inimigo ao estado de direito

O presente artigo busca examinar as mazelas da lei antiterrorismo brasileira, a partir da análise do Direito Penal do Inimigo em suas disposições, atentando para os riscos ao Estado Democrático de Direito das sociedades modernas ao inserir em suas legislações características do Direito Penal do Inimigo. O fio condutor do presente estudo é o debate entre as correntes favoráveis e desfavoráveis ao Direito Penal do Inimigo, com o objetivo de criar um debate jurídico-penal sobre a validade de sua aplicação nas legislações democráticas das sociedades ocidentais com ênfase na brasileira.
 Palavras-chave: Terrorismo. Direito penal do inimigo. Estado democrático de direito. Lei antiterrorism. Dignidade da pessoa humana.

Penalisation of Kurdish children under the Turkish Anti-Terror Law: Abandonment, sovereignty and lawfare

This article explores how the disproportionate penalisation of Kurdish minors under the Turkish Anti-Terror Law informs their political imagination and experiences of the Turkish state. By depriving Kurdish children of the rights to which they are otherwise entitled as minor citizens of Turkey, the Anti-Terror Law takes the form of a vertical relation of abandonment that excludes children from the law’s protection. Drawing on ethnographic research I conducted in a south-eastern town of Turkey bordering Syria, I contextualise the abandonment of Kurdish children within Turkey’s growing lawfare, whereby the Turkish state resorts to criminal prosecutions and mass incarceration as means to discipline the populace. Kurdish children’s abandonment in the midst of lawfare encourages a wide range of social groups to exert control and harm on them with impunity behind and beyond bars. The resultant web of constant punishment and surveillance reinforces the image of the lawmaker as an omnipotent entity that, children come to believe, haunts them on a daily basis. Abstract in Kurmanji Cezakirina zarokên kurd di bin hiqûqa dij-terorî ya tirk de: Terkandin, serwerî û nelihevkirina demdirêj Ev gotar dixwaze lêbikole ka çawa cezakirina bênisbet a zarokên kurd a bi rêya Hiqûqa Dij-Terorî ya Tirk tesewir û tecrubeya wan a dewleta tirk berçav dike. Bi mehrûmkirina zarokên kurd ji mafên wan, ên ku di rewşa asayî de weke hemwelatiyên piçûk ên Tirkiyeyê tên qebûlkirin, Hiqûqa Dij-Terorî formeke têkiliya tîkane a terkandinê digre ku zarokan derveyî parastina hiqûqê dihêle. Li gor lêkolîna etnografîk a min li navçeyeke başûr-rojhilatê Tirkiyeyê yê nêzîkî sînorê Sûriyeyê kirî, ez terkandina zarokên kurd di nav nelihevkirina demdirêj ya Tirkiyeyê de bicih dikim, bi rêya ku dewleta tirk serî li darizandinên tawanbar û zindankirinên giştî dide weke amûrên dîsîplînkirina gel. Terkandina zarokên kurd di nav nelihevkirina demdirêj de grûbên civakî yên cûr bi cûr teşwîq dike ku kontrol û zirara xwe bigihînin wan bi rêya bêcezakirina li û pişt zindanê. Di encama tora ceza û kontrolên daîmî de wêneyê qanûndaneran weke hebûneke qadir, zarok wisa bawer dikin, bi rojane museletê wan dibe. Abstract in Sorani Szadanî mindallanî kurd le sayey yasay dje-tîrorî turkî: Desberdarbûn, serwerî û yasayî Em wtare lewe dekollêtewe ke çon szadanî nahawsenganey mêrmindallanî kurdî le sayey yasay djetîrorî turkda xeyall û ezmûnî ewan beramber dewlletî turk arayîşdedat. Be bêbeşkirdnî mindallanî kurd lew mafaney ke debwaye wek hawullatîyekî mêrmindallî turkya lêy behremend bin, yasay dje tîror şêwey peywendyekî stûnî desberdarbûn werdegrêt ke mindall dexate derewey parastinî yasayî . Hellêncan leser bnemay twêjîneweyekî îtnografî ke min le şaroçkeyekî başurî rojhellatî turkyay hawsinûrî surya encamim dawe, min destberdarkirdnî mindallanî kurd le naw yasay geşesendûy turkya dexeme syaqî ewey dewlletî turk wek dîspilînî cemawerî pena bo dadgay tawan û szadanî cemawer debat. Wedernanî mindallanî kurd le naw berrey yasa da, hanî grupgelî frawanî komellayetî dedat ta be parêzbendîyewe le pişt dîwarî bendîxane û ledereweyda kontrolyan bken û zyanyan pê bgeyenin. Torrî encamgîrî ew sza û çawdêrîye berdewame ew wênaye behêz dekat ke yasadaner desellatdarêkî rehaye, mindallanîş degene ew bawerrey ke rojane twanay rawkirdnî ewanî heye. Abstract in Zazaki Cezakerdişê domananê kurdan binê qanûnê verba terorî yê Tirkîya: teriknayîş, serdestî û qanûntacizîye Na meqale cigêrayîş kena ke nereşîdê kurdan senî bi hewayêko bênîsbet binê qanûnê verba terorî yê Tirkîya de ceza benê û no cezakerdiş senî xeyal û tecrubeyanê înan ê sîyasîyan bi dewleta Tirkîya ser o tesîr keno. Heqê ke normal de hemwelatîyê Tirkîya yê nereşîdî wayîrê înan ê, domanê kurdan ci ra bêpar yenê verdayene. Wina qanûnê verba terorî keweno şekilê têkilîya teriknayîşî ya tîkanîye ke bi no hewa domanan sitara qanûnî ra teber keno. Bi bingeyê cigêrayîşê etnografîkî ke mi sînorê Sûrîye şaristanêkê başûrê rojhelatê Tirkîya de kerd, ez teriknayîşê domananê kurdan çarçeweya binpaykerdişê qanûnî ke Tirkîya de her aver şono, tede qayîtê ci kena. Nê binpaykerdişê qanûnî de dewleta Tirkîya xo şanena taqîbatê cezayî û komhepiskerdişî ke wina şarî dîsîple bikero. Domanê kurdan ke mîyanê prosesanê qanûnî de teriknîyenê, no teriknayîş cesaret dano tewir-tewir grûbanê komelkîyan ke bandura xo domanan ser o ronê yan zî înan rê zerar bidê, bê ke nê grûbî zere yan zî teber ra ceza bibê. Netîceyê na torra ceza û nezaretî ya timine de, çimê domanan de qanûnviraştoxî benê çîyo ke her çî eşkeno bikero û her roje beno musalatê înan.

Strategi Lobi dan Negosiasi Proses Legislasi Undang-undang Pemberatasan Tindak Pidana Terorisme

Lobby and negotiation in the legislation process need strategies to plan, persuade and advocate stakeholders to reach an agreement. This article aims to describe the strategies of lobby and negotiation in thelegislation process of the People’s Representative Council, particularly antiterrorism law. The antiterrorism law had been revised from the Law of the Republic of Indonesia Number 15 of 2003 concerning the change of the Government Regulation in Lieu of Law Number 1 of 2002 amending the Anti-Terrorism Act. The legislation process of antiterrorism law revision took two years and involved public debates on the pro cons issues. Qualitative data was collected by an in-depth interview from three informants. Based on thematicanalysis, three strategies of lobbying and negotiating was found; (1) compromising, (2) brainstorming, and (3) convincing. These strategies were used in the different pro cons issues in the legislation process. Moreover, the strategies succeed to drive the agreement on the antiterrorism law enactment.

Anti-terrorism laws and data retention: war is over?

The Anti-terrorism, Crime and Security Act 2001 signals a determined response to the attacks of September 11th. One aspect involves the facilitation of the use of electronic surveillance in order to prevent, detect or prosecute the perpetrators of terrorism. The role of Part XI of the 2001 Act is to augment existing surveillance powers in the Regulation of Investigatory Powers Act 2000. This paper plots the relationships between those two statutes and also their relationship to data protection laws. Delays and difficulties in enforcement are noted and are related to a process of return to greater normality after an initial period of panic.

A TAUTOLOGIA VAZIA DA LEI ANTITERRORISMO E A DIALÉTICA PENAL DO INIMIGO COMO INSTRUMENTO DE DEGENERAÇÃO DO ESTADO DE DIREITO

A presente pesquisa tem por escopo realizar uma análise crítica do regramento da Lei Antiterrorismo (n. 13.260/2016), partindo da observação de que seus dispositivos refletem preceitos da teoria do Direito Penal do Inimigo, tais como condutas de perigo abstrato, punição de atos preparatórios e flagrante flexibilização de direitos e garantias fundamentais. Busca-se, através do procedimento metodológico hermenêutico, com abordagem qualitativa, realizar uma pesquisa exploratória que atravesse a lógica simbólica e arbitrária de se eleger um inimigo circunstancial dentro de um sistema democrático e as imbricações que originam da racionalidade de exceção que, quando tomada como regra, serve como um exercício de controle social permanente. A instrumentalização da lei penal macula o regime democrático e passa a cultivar elementos totalitários que ganham corpo e avançam livremente na esfera do indivíduo.