Public policies and combating criminal organizations

Abstract

This study analyzes the historical evolution and social factors that have excessively influenced the growth of criminal organizations in Brazil. Subsequently, it presents the national legislative evolution in addressing organized crime and the impact of stricter penalties on combating crime, considering the educational level and nature of crimes committed by a significant portion of the Brazilian prison population. It further examines the stance adopted by the Legislative, Executive, and Judiciary Powers. Possible state measures and public policies that need to be effectively implemented by the Brazilian State to combat criminal organizations are also highlighted, along with measures that could be adopted by public authorities to prevent crimes perpetrated by such organizations. Organized crime has been one of the greatest threats to the democratic rule of law. Primarily aimed at obtaining illicit financial advantages, the main criminal organizations operating in Brazil move large sums of money through illegal activities. In recent decades, states and international bodies have shifted their focus to combating organized crime from an economic perspective. While this approach has brought significant progress, it also presents challenges—mainly concerning the management of assets seized from organized crime. Brazil, which already faced difficulties managing seized assets in general, saw the problem intensify due to the increasing number of operations against organized crime, requiring the State to manage and safeguard high-value and complex assets. The current panorama of asset management related to organized crime in the country is presented. Finally, a reflection is made on the punishment of criminal organization members and its consequences.