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The concept of criminal organization in the Brazilian juridical order

Grant number: 12/21789-9
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): February 01, 2013
Effective date (End): January 31, 2014
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Eduardo Saad Diniz
Grantee:Jaqueliny Moraes Larangeiras de Lima Guimarães
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The problem of criminal organizations occupies the epicenter of discussions around the model of criminal law more effective crime prevention and the promotion of new standards for public security and socioeconomic development, able to protect and encourage the model state adopted by the Constitution of 1988. In addition to its undisputed social harm, criminal organizations affect the stability of the rule of law and its internal dynamics, and annihilate the guarantees of individual rights, suppressing civil liberties and reducing the space of social rights. The mode of transnational organizations attaches to the issue even more complex because the crime exceeds the limits of the border countries and therefore the judicial power of the nation-states, which requires as a coping mechanism more effective agreements between victimized countries, proposed that transforms the borders-separation in moderns borders-cooperation, aiming at socio-economic integration. In the history of the problem, there are criminological studies that haven't been utilized by dogmatic legal criminals, in addition, disregarded the political-criminal formulations to prevent criminal organizations. This research turns the integration between these examine criminology, criminal prevention policies, and their proper orientation in the management of dogmatic legal criminal, and also discuss comparative in law models, especially in relation to Spanish and German, that affect more directly the Brazilian experience more. Under these theoretical assumptions, the research proposes to examine their reception at the Brazilian legal system, beginning on the descriptions and critical-reflexives analysis of its principal's regulatory mark. The idea is to overcome the state of indeterminacy of the concept of criminal organizations in Brazil, which not only hinder the consolidation of new parameters of public security and development, and also promote situations harshly repressive, highly selective, and ineffective for the construction of model prevention of organized crime.(AU)

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