As organizações criminosas e o direito penal do inimigo

Abstract

The problem of organized crime is not current. However, due to the extension, proliferation and Power that the activies of these criminal organizations have producer mainly through globaization, is today one of the largest, if not the biggest opponent os society and the democratic rule os law. Many gangs have evolved into major criminal organizations expand their activies and influence to na interstate activity, national and even international. The tools used so far are proving inadequate and unable to fight this new crime. Given the inefficiency of the state, appears wisdespread in the population the idea that the criminal Law is the only instrument able to inhibit the tranformation of this macro crime through punishment. Thus, this disorder and inefficiency of the state has provided the opening of new paths called “law of intervention”, “third rate criminal Law” or “Criminal Law of the Enemy”, which in no way inconsistent with the Democratic State of Law. Was souht to thus reject this trend showing that whatever the design function of the penalty and criminal procedure, criminal Law should be guided by creiteria of proportionality and allocation within the democratic state, where so preserve the civil rights and guarantees and, consequently, the essence of the human being as a citizen