PARALLEL POWER: A STUDY ON THE INEFFICIENCY OF THE STATE IN THE FACE OF ORGANIZED CRIMINAL FACTIONS

Resumo

Criminal organizations in Brazil have a long history, from the time
of Lampião to contemporary criminal factions such as the Comando Vermelho
and the Primeiro Comando da Capital. These organizations have infiltrated
various sectors of power in organized civil society. At the same time, Brazilian
legislation has evolved to combat these entities, starting with the Palermo
Convention and culminating in Law No. 12,850/2013, with adjustments from the
Anti-Crime Package Law (Law No. 13,964/2019). This study aims to analyze the
applicability of Law No. 12.850/2013 in the fight against criminal organizations,
addressing the historical evolution of criminal factions in Brazil, the evolution of
the relevant legislation and the ways to combat these organizations. The
deductive and dialectical method was adopted, with qualitative, descriptive and
explanatory research. The research included a bibliographical review of
academic literature, analysis of legal documents and case studies to better
understand the effectiveness of laws and practices in combating criminal
organizations. The results showed that Brazilian legislation has continuously
adapted to changes in the activities of criminal organizations. Law No.
12.850/2013, in particular, has provided a more robust legal framework for
combating the activities of these factions. The modifications introduced by the
Anti-Crime Package Law have further improved the effectiveness of the
legislation. However, despite these legal advances, the practical application of
the law faces significant challenges, such as corruption and the lack of adequate
resources for policy implementation. The analysis showed that although
legislation has advanced considerably, its practical applicability still needs
improvement. The effectiveness of laws depends not only on their content, but
also on the rigorous implementation and ongoing support of the institutions
involved in the fight against organized crime. The research highlighted the
importance of a multi-faceted approach, which includes improving the
infrastructure of security forces, fighting corruption and strengthening judicial and
police institutions. In order to effectively confront criminal organizations, closer
collaboration between different levels of government and sectors of society is
essential. The study concludes that although Law No. 12.850/2013 has provided
important legal tools to combat criminal organizations, the full realization of its
benefits requires consistent and sustained practical application. The continued
evolution of legislation and combat strategies is crucial to tackling the growing
sophistication of criminal organizations in Brazil.