Prohibitions against the mafia in Italy

• Autor(a) principal: Berlingò, Vittoria
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/70558
• topic: Mafia infiltration phenomena. Anti-mafia documentation. Prevention law. “Shady” legality. Chilling effect.; Fenómenos de infiltración mafiosa. Documentación antimafia. Ley de prevención. Tipificación “sombría”. Efecto de enfriamiento.

This document focuses on the instruments against the mafia organizational activities, especially the “informazioni antimafia interdittive”, examining the characteristics of such measures, the conflicts within them, and with the legality principle. Once examined the main legal dispositions and judicial decisions about the subject, a systematization of the available for the mayor can be developed. The objective of this article is to propose an analytic framework able to combine the reasons behind preventive measures with the legality principle within the politics against the mafia organizational activities in order to evaluate the opportunity of such experiences with an integrated focus, based both in theory and empirical evidence offered by court decisions. Secondly, we describe the “chilling effect” derived from the “shady typing” of such measures, that are related with the social and economic development of Italy. We also demonstrate how the intersection of interdiction measures and extraordinary replacement in its manifestations characterize different integration regimes. The proposal of integrated focus is sustained by the doctrine opposed to the choice of leading a battle against a pathologically sick business and economic dynamic with polling acts, which possess the mere function of restricting access to market enterprises. The new administrative law of “criminal emergencies” intend to intervene with the intent to bring the market back to legality, protecting the “possibility” of a free – truly and genuinely – economical exercise of all the initiatives within a “legal economy”.