THE EXPANSION OF CRIMINAL LAW

Abstract

This paper analyzes the phenomenon of the expansion of Criminal Law, addressing its limits and possibilities in the face of contemporary demands for security and social justice. Initially, the process of expanding punitive power is historically contextualized, highlighting the creation of new criminal offenses and the increase in penalties as a response to social, political, and technological transformations. Next, the theoretical models of minimal, expansive, and symbolic Criminal Law are presented, and the constitutional principles that impose restrictions on excessive criminalization, such as legality, proportionality, and minimum intervention, are discussed. The study also examines the causes that drive this expansion, including the perception of insecurity, media influence, technological transformations, and political strategies. Finally, the consequences and risks associated with the phenomenon are addressed, including mass incarceration, penal selectivity, the overburdening of the justice system, and the erosion of fundamental rights. It is concluded that the expansion of Criminal Law must be conducted with caution, respecting constitutional principles and integrating public policies that promote prevention and social inclusion, to guarantee the effectiveness of criminal protection without compromising the Democratic Rule of Law.