El derecho penal ante el almacenamiento de material pornográfico infantil ¿una manifestación del derecho penal del enemigo?
Criminal law and the storage of child pornography material-

Summary/Abstract: The tension between liberty and security gives in the nowadays risk society almost all the time precedent to the last one. We are taking about a form of organization and of communicative interaction, characterized by a series of factors that people consider to be essentially negative, most of them related to the fear of technological progress, allowing new realities that prove to be in some of the developed countries, a threat to individual safety and to the social state. In this new society model, the criminal law system appears to be ineffective, having to deal with the generalized need of prevention in front of the everyday more unimaginable and imperceptible dangers that bring new and complex forms of criminality. The classic guaranties of criminal law are in this society focused not as often on protecting the individual but more on its punitive power, in order to protect the society from any future risks that may affect someone’s interest, and that would legitimate various social actors to demand participation in the process of creation and shaping of criminal law. The actual role of criminal law in this society is the center theme of this work and it is planned to be revealed by analyzing how certain deeds are considered crimes not taking into consideration that this might affect the human rights. The example proposed here is that of the crime of storing child pornography material, ruled in paragraph 2 of art. 374 bis, Law Nº 19.927/2004 and how it might affect the fundamental right to intimacy. It is important to make a correct identification of the „enemy”, to whom the criminal law is meant to be applied and to do the necessary changes in the criminal system, in order to respect the principles of a democratic society governed by the rule of law.

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