O Projeto de Lei no 25/2021 e a proteção da saúde coletiva no marco da pandemia do Covid-19 no Brasil: entre a proteção suficiente do bem jurídico e o uso simbólico do Direito Penal

Abstract

The panic generated by the COVID-19 pandemic has fostered the emergence of new conditions for criminal harshness. In this context, Bill nº 25/2021 was offered, with the objective of severely punishing crimes related to the pandemic. The present work sought to examine the relationship of this project with penal expansion and with the Symbolic Penal Law, and its probable (in)effectiveness, if approved. To do so, it examined the context caused by Covid-19, the disease itself, the government's actions to fight the disease, and the content of the project. Then, it analyzed the purposes of Criminal Law, its limits and its role in guaranteeing the Right to Health during the pandemic. It also sought to examine the phenomenon of penal expansion, understanding its causes, consequences and characteristics. Finally, it proceeded to analyze the concept of Symbolic Penal Law and its main characteristics. Thus, it was possible to conclude that the Bill nº 25/2021 constitutes, in effect, a manifestation of Symbolic Criminal Law, not being able to combat the pandemic.