Lei 12.850/2013 (organizações criminosas): qual política criminal?

Abstract

The following dissertation has the purpose of clarifying the criminal policy orientation of the legislator on the process of drafting the Law 12850/2013 which outlines norms of penal content and processual content for organized crime. The ordinary law under discussion, made to fulfill a historical gap upon the criminal organization concept creation, addresses the criminalization of conduct under organized criminality and presents important criminal investigation rules, proof obtaining means and criminal procedures, which have been receiving quick and remarkable practical application. The highlighted importance of Law 12850/2013 for the Brazilian Penal Science works as justification for the choice of such topic of research. Starting with the premise that the criminal problem must be analysed under Legal Dogmatics, Criminology and Criminal Policy, this dissertation will suggest the hypothesis of legislative orientation founded on The Enemy Criminal Law, Law and Order and/or Penal Guarantee, which are contemporary thoughts with strong impact on both the domestic and the international legal community. Without neglecting questions the theme raises on the Law of Risk scope, a trend observed in several ocidental countries as well as the rules of the Palermo Convention, this research concludes that, in general, the innovations brought by the Law 12850/2013 are positive and that its articles, as part of the Brazilian Penal System, must be considered along with the basic principles moulded in the Brazilian Constitution