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The theoretical formulations that enabled the construction of social defense ideas have several aspects and even constitute contradictory ideas designated by the same expression “social defense”. The ideas of social defense began to be disseminated in Brazil in 1884, by the Law Schools of Recife and São Paulo, and were widely adopted in penal legislation with the edition of the 1940 Penal Code and the Criminal Procedure Code of 1941. Nowadays the social defense discourse is diffuse and articulates around a conception of criminal law of the author (taking the labeled criminals as enemies of society and that need to be fought), and in the name of this social defense, all sorts of human rights violations, which mark public security in Brazil, are justified. Not infrequently, human rights violations are accompanied by a justifying discourse that invokes the need for social defense in the fight against crime. This article seeks to understand the concept of social defense and public security, with its theoretical ramifications and ideological issues that permeate them. It seeks to trace the theoretical path taken in the formulation of concepts and reflect what can be understood by social defense and public security in the democratic order in force in Brazil, at the beginning of the 21st century.

O CONCEITO DE DEFESA SOCIAL E SEGURANÇA PÚBLICA NA ORDEM DEMOCRÁTICA BRASILEIRA