Análise da influência das facções criminosas na gestão do Instituto Penal Feminino Desembargadora Auri Moura Costa a partir de 2019

Abstract

The present monograph aims to analyze the origins of criminal organizations, as well as their foundations and assumption. The origins of the Italian Cosa Nostra and the Japanese Yakusa and the search for consensus are investigated through a conceptual analysis of the imminent characteristics of every criminal organization in order to ascertain whether these characteristics are present in current organizations and to what extent they can be considered that there is an intersection between them. In the context of urban violence in Brazil since the 1970s, there is the emergence of the first criminal organization in the country, the Comando Vermelho, aiming to dominate drug trafficking in Rio de Janeiro. Then there is the emergence of the First Command of the Capital having its genesis linked to an ideology to combat oppression in the penitentiary system. In Brazil, the concept adopted for criminal organization is present in Law 12850/2013 and it can be seen that the interpretation given by the Brazilian State is similar to the characteristics of the first criminal organizations, in this law there was the typification of the crime of belonging to a criminal organization as an autonomous crime. Introduced into the national legislative universe six years ago, the Criminal Organizations Act brought with it the solution to previously unsolved hermeneutic problems, such as the Money Laundering Act. In addition to the repression of crimes committed in criminal organization as well as the peculiarities related to this institute, the research analyzed the right to punish the state and its dimensions as well as the principles related to criminal execution and its main organs of execution. After the research, it was found that an absent state opened a field that would be occupied by a parallel state, to alleviate this problem it would be up to the Brazilian state to fulfill the imposed constitutional attributions. Several state prerogatives are in favor of consolidating public policies such as those provided for in the Procurement Law and in the Criminal Enforcement Act, for example. A strategic action is proposed as a means of solving this new reality for the Ceará penitentiaries, especially the female jailer Auri Moura Costa, who is the object of study of this monograph. Articles and works related to the subject were searched, as well as legislation, jurisprudence - especially from higher courts - and statistical data collected by the Secretariat of Penitentiary Administration. The material raised was submitted to a deductive analysis, so that through the analysis of the matter in general it is understood the problematic of the concrete case.