A Súmula 582 do STJ como método de controle social evidenciando a seletividade político-criminal

Abstract

This monograph aims to expose critics to Brazil's unstable criminal legal system, which, based on generic speeches of "Social Defense" and using Criminal Law as social control, in an almost isolated form, has been practicing Primary Criminalization selectively. It is observed the significant increase in the prison population, consisting mainly of social invisibles, victimized by this power of coercion, that practices a rigorous selection before deciding who deserves to suffer the punitive sphere in a more serious way and to be tagged with the status of criminal. As a clear example of this reality, the STJ 582 docket is studied, which, based on retrograde understandings and authors that are notably distant from the fundamental principles of criminal law, condemns more severely patrimonial crimes, by the speech of terror dissipation and creation of an Enemy that must be eliminated.