THE WAR ON TERROR PROMOTED BY GEORGE W. BUSH AND ITS ROLE ON THE DISPERSION OF THE IDEAS OF THE ENEMY CRIMINAL LAW WORLDWIDE

Resumen

The main objective of this work is the study of the Enemy Criminal Law, which was shaped by the jurist Günther Jakobs and gained global proportions with the onset of the War on Terror by George W. Bush in 2001. The article provides an overview of the historical context that led to the implementation of real measures that impacted the world. Additionally, the article argues against the applicability of this concept in the Brazilian legal context, highlighting the emphasis on the perpetrator at the expense of the act and the resulting tension between traditional approaches and that proposed by the Enemy Criminal Law. Finally, it questions the legitimacy of this law, arguing that its use does not defend society but acts as an attacking system, violating Brazilian judicial principles. The work also emphasizes that accepting the Enemy Criminal Law implies a dangerous proximity to the Absolutist State, challenging its application even in states of exception. The article offers a critical and in-depth analysis, inviting readers to reflect on the implications of this theory in different historical and legal contexts.