Política criminal contra a criminalidade organizada

• Autor(a) principal: Amaral, Pedro Orfaly Vargas do
• Data de Publicação: 2024
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/42315
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Política criminal; Política estatal; Criminalidade organizada; Direito penal; Direito processual penal; Criminal policy; State policy; Organized crime; Criminal law; Criminal procedure law

The aim of this work was to analyze the importance of a Criminal Policy as an intelligent and efficient State Policy. And, more specifically, in relation to combat the Organize Crime, seen as a threat to the democratic State and one of the biggest challenges in modern societies. For that, we explored the causes and consequences that made the Organized Crime grow in Brazil and around the world, and we sought to examine what have been done, in terms of criminal policy, to fight it. In this context, it was questioned: if the Classic Criminal Law is still entirely able to deal with the new types of crime; and, on the other hand, how to find a punitive system that is effective, but also respects the constitutional limits and principles of the democratic State. In the end, we searched for possible proposals for a successful Criminal Policy against the Organized Crime. The methodology adopted consist of three main sources: (i) deep study and research of academic materials; (ii) the reading of recent news, related to the theme; and (iii) the analysis of laws and bills related to the theme. Through extensive analysis of the content covered, it can be concluded that criminality has changed, and it is not possible anymore to combat the Organized Crime only with the tools provided by the traditional Criminal Law. However, that doesn’t mean the solution is to draw on punitive measures. We must learn from what has been done, in Brazil and around the World, in terms of Criminal Policy against Organized Crime, and with that, we can find intelligent and doable proposals, that are compatible with the current legal system and also respects fundamental rights and legal guarantees. The State, instead of choosing short-term and populists measures, should opt for medium- and long- term proposals, that promote profound changes, not only in the legal area, but also in the socioeconomic, cultural and educational sphere