A deficiência do poder estatal no sistema penitenciário brasileiro e o advento do crime organizado

Abstract

This study aims to verify if the state deficiency in the Brazilian penitentiary system contributed to the emergence and expansion of organized crime with a power that competes with that of the State, especially the First Command of the Capital. The research is relevant given that violence in Brazil is above the world average and crime is one of the main problems that affects social peace. For this, the hypothetical- deductive method was adopted as it began with the perception of a gap in knowledge on which a hypothesis was formulated and by the process of deductive inference, testing the prediction of the occurrence of phenomena covered by the hypothesis. Thus, the present analysis was based on bibliographic sources through consultations with specialized literature and official data. In this way, the main problems of the Brazilian Penitentiary System were discussed, especially prison overcrowding, lack of security in prisons, precarious infrastructure, and disrespect for human dignity. In conclusion, it was observed that the power exercised by criminal factions began to occupy a space within areas in which state power was deficient. Furthermore, from the demonstration of efficiency of the Federal Penitentiary System, it was clarified that there are pressing needs such as its reorganization related to the physical capacities of the facilities to separate the prisoners according to the profile, which will contribute to security in serving the sentence and may reduce the recruitment of new members for the criminal factions.