El mal menorpolémicas medidas de seguridad pública y prevención del delito

Resumo

The social perception of the increase in crime, added to the feeling of lack of protection in the face of crime, arouses a strong aversion towards the delinquent. Consequently, the risk intolerance of societies has unleashed a desire in favor of the totalizing discourse of security. Thus, the maintenance of security must constitute the purpose of the State and the object of its activity. Security strategies against crime articulated based on the theorization of the lesser evil have gained renewed prominence in their desire to protect the rights, freedoms, and well-being of citizens. Its initial legal legitimacy is diluted when its articulation and development is carried out trying to avoid the due subjection to legal-constitutional controls, relying on the Latin maxim salus reipublicae suprema lex, that is, that the security of the State must be the supreme law. In the name of the safety of the people, the sacrifice of the other laws is assumed. Question which could be interpreted as the claim to exclude everything related to security from the scope of legal control. Undoubtedly, a subject does not exempt from debate.