Presunção de pertencimento à facção criminosa por trocas eventuais de mensagens: análise jurisprudencial no âmbito do Tribunal de Justiça do Ceará

Abstract

The present monographic work aimed to analyze the state's punitive action in the face of the presence of criminal factions on the national scene, exploring what was conceptualized as presumption of culpability and integration into organized crime, reflected in the provision of evidentiary sufficiency capable of incarceration and supporting exposure to the fact that the incriminated subject had had minimal and occasional contact with so-called factionalized people. The methodology used consisted of a quantitative-qualitative examination of second-degree judgments from the Court of Justice of the State of Ceará (TJCE), in which it was found that people were subject to precautionary or definitive detention, under accusations of committing the crime of integration of the criminal organization, based on fragile elements, especially perfunctory connections with alleged factions through dialogues on the WhatsApp application. The research concluded by confirming the hypotheses of presumption of belonging to the faction, with violation of the presumption of innocence, by demonstrating the presence of legal paradigms that lead to incarceration without fully persecuting the degree and time of involvement of the accused with criminal factions.