Hypercriminalization and the fight against crime

Abstract

Considering that hypercriminalization reflects in a relevant way in the elaboration of criminal policy, it is necessary to analyze how it has been used in the fight against crime, linked to the maximum criminal law, hardening and raising the penalties in which the custodial sentence is pointed out as a solution. The increase in crime and violence are issues that are highlighted in the media and the “social outcry” demands the reinforcement of public security. The feeling of anomie and injustice seems to find in punitivism a way of responding to violence, without taking into account the social inequality that has always plagued Brazilian society, without reflecting on the real effects of this hypercriminalization. From this form, the objective is to analyze how hypercriminalization has become the basis for the criminal solution, through the deductive method, through the use of bibliographic and documentary research techniques, in addition to the analysis of jurisprudence, doctrine and legislation.