A criminalização simbólica do abuso de autoridade: raízes da problemática e desafios à aplicação da Lei n.º 13.869/2019 no contexto brasileiro

Abstract

This paper intends to conduct an investigation about the roots of authoritarianism in the dynamics of power in Brazil, going through the beginning of the sociocultural formation of the country, from the Portuguese colonization, until the period of the dictatorial regime established in 1964, whose consequences still reverberate strongly in Brazilian society. A study is conducted on the categories that make up the concept of crime, specifically the typicality, the unlawfulness and the culpability, to finally address the Law No. 13.869/2019, which provides for the crimes of abuse of authority, critically analyzing its main provisions and the structure of the criminal types listed in its core. We seek to explain the teleology of the Law of Abuse of Authority from a systematic understanding of its provisions, combined with an analysis of the normative elements introduced by the legislator that possibly offer difficulties to its practical application in the Brazilian context.