A atividade do crime organizado no sistema de fraude à previdência social: fiscalização e controle estatal

Abstract

There is a large discussion about the confrontation of criminal organizations operating in the country, but society still regards this kind of crime as only those characterized by crimes committed with excessive use of violence. From this, there is a need to clarify the existence of other types of criminal organizations, which develop illicit activities in collusion with the public service, especially with the support or mentoring of public administration officials. The aim of this research, therefore, is to identify the typologies of criminal organizations, arising from social changes that occurred after the phenomenon of globalization, as well as to verify the performance of these groups in new fields, such as public administration, discriminating against commonly related crimes. to them, based on an analysis of court decisions and the result of condemnations imputed to the actors. It is strongly observed the exercise of illicit activity within the scope of Social Security, in which employees of the National Institute of Social Security act as members of criminal organizations in granting and maintaining irregular social security benefits, which are responsible for the billionaire diversion of public coffers. It is in this sense that the need for measures is discussed that, in addition to disarticulate the activities of these organizations, are also responsible for the prevention of new irregular acts, such as the implementation of compliance in the public area, also to that performed by private companies, with prevent fraud and misuse within their organizational management. In turn, the methodology employed was the analysis of the crimes committed by this type of organization, with the purpose of proposing the use of compliance as a preventive method of crimes against Social Security.