OS DESAFIOS DA LEGISLAÇÃO PENAL BRASILEIRA NO COMBATE AO CRIME ORGANIZADO

Abstract

The fight against organized crime in Brazil faces a series of legislative challenges that compromise the effectiveness of public security policies and the application of criminal law. Among the main obstacles are the fragmentation of criminal legislation, impunity and the slowness of the judicial system, corruption, social inequality, difficulties in inter-institutional cooperation, limitations in the application of special measures and the constantly evolving dynamics of organized crime. The fragmentation of criminal legislation is one of the biggest challenges, as it creates gaps and overlaps in legislation, making it difficult for public security agencies to work together. The need for more cohesive and integrated legislation is crucial, considering that criminal organizations operate in a diversified and articulated manner. Impunity, coupled with the lengthy judicial process, prevents criminals from being held accountable. Long and ineffective trials, together with a lack of resources in the justice system, result in a general feeling of impunity, strengthening criminal organizations. Corruption also exacerbates this situation, compromising the integrity of the institutions in charge of fighting crime and making it easier for these organizations to operate. Social and economic inequality in Brazil has contributed to the expansion of organized crime, since the lack of opportunities and adequate public services fuels marginalization and the recruitment of young people by criminal organizations. Criminal law is often limited to repression without addressing the structural causes of crime. Another legislative challenge is the lack of inter-institutional cooperation between the different spheres of government. The absence of a unified system for exchanging information between security forces makes it difficult to implement effective strategies to combat organized crime. The lack of a joint approach compromises the effectiveness of operations and investigations. In addition, special measures such as plea bargains and telephone interception, although provided for in legislation, face difficulties in their practical application, due to witness protection and trust in justice. Changes in the dynamics of organized crime also represent a challenge. Criminal organizations, such as the PCC and Comando Vermelho, have shown an ability to adapt to new social and economic realities, which requires an agile and effective legislative response. Current legislation often fails to keep up with this evolution, becoming obsolete in the face of new types of crime. In short, to face the challenges of organized crime in Brazil, it is essential to promote legislative reform that integrates different spheres of government, encourages inter-institutional cooperation and prioritizes crime prevention. Ensuring the speed and effectiveness of the judicial system, as well as the protection of human rights, is crucial to successfully tackling this complex phenomenon. The combination of effective legislative measures, adequate resources and a holistic approach is key to tackling organized crime effective.