Uma análise do Direito Penal do Inimigo e do espetáculo com base no episódio “Urso Branco” da série Black Mirror: da ficção à realidade

Abstract

The scope of this work focuses the discuss the phenomenon on the Criminal Law of the Enemy, Society of Spetacle, Culture of Fear and the media popular influence what happens in the episode White Bear, the series alludes with Black Mirror.That way, proposed to consider the facts presented in the hypothetical scenario on the fictional case and confront them from other existing perspectives, applying on the factual experience. It discusses the hypotheses and circumstances surrounding the episode, analyzing the context in which it is inserted, its consequences and the legal, philosophical and social content that falls on it. For that, concepts relevant to the occurrence mentioned will be presented, commenting on their application in the base case and, posteriorly, in real cases. From this study, it becomes able to be done consider on the implications of dehumanizing an individual, starting a legal war (lawfare) of the state against the "enemy", the one who committed a crime, what results in prejudice to fundamental rights and the functioning of the rule of law itself.Therefore, the Law is turned into a weapon to condemn and punish the opponent. Additionally, it is also evident how the media influence interferes in Criminal Law, guiding society to adopt a more punitive thinking, through spectacle and fear.