Penal state: the misery and sale of the Rule of Law

Abstract

The article intends to deep the theoretical discussions on the “new” politic-institutional phenomenon called by scholars as Penal state. This “new” phenomenon occurs in Brazil? Which implications between theory and practice can be seen in terms of a State Theory and the Sociology of Law? In this case, the concepts and the analytical framework are adequate to the understanding of this “new” reality in Brazil?