Sociedade de risco e os crimes de perigo abstrato

Abstract

Contemporary society is marked by an acceleration process of industrial development from the radicalization of the precepts established by the industrial revolution. This whole process goes on a collision course with the individualistic rationalism of the period of enlightenment, causing the collapse of the idea of control and security that guide our social organization. The breakdown of these social paradigms ultimately determine a transformation process of criminal law to meet the new realities of contemporary society at risk. From this premise, the work based on research literature on risk society, contemporary criminal law, legal rights and crimes of abstract danger seek to contextualize the formation of risk society, from the thought of Ulrich Beck and his differentiation between modernization traditional and reflexive modernization, look - albeit briefly - some of the problems created new social patterns of risk imposed by society and the impact of the risk society on the legal system, especially on criminal law as an element of risk management. In this context, we must say that the consolidation of the risk society is, in criminal matters, the development of a new role of criminal law. The diversity and social complexity of criminal law give the thankless task of guiding the sorting order of social life by establishing new guidelines to control risk through the creation of normative demands for security. Urs Kindhauser even claims that the criminal law to be converted, in contemporary society, a criminal law as a form of security to address the risks created by hipercomplexização. In this area, we investigate the new concept of legal interest, from an individualistic conception until a design supraindividual. It is from these perspectives that the crimes of abstract danger take a new dimension. In a century that was marked by the idea of minimalism we see the increasing use of criminal crimes of abstract danger. This form of legal protection of property is not as a novelty within the legal system, but the legitimacy of its use should be analyzed to the extent that the technique allows the anticipation of the penal protection. Based on these assumptions, the paper try to analyze the various concepts that crimes of abstract danger theories assume classical, neoclassical, finalists, and especially in post finalist. There is also the concern of this technique to examine whether our model reconciles constitutionalist.