Organização criminosa: fenomenologia, história e conteúdo material do injusto

Abstract

The present thesis analyzes the crime of criminal organization in Brazilian law, as defined in Article 2 of Law 12.850/2013. The study begins with the historical and normative context that led to the creation of this criminal offense, including the influence of the Palermo Convention, other international treaties, foreign legislation, and domestic legal precedents. Given the increasing use of this legal provision in major police operations, the research aims to address four key questions: the context of its typification, the existence of real categories that justify its criminalization, the adequacy of the law to these categories, and guidelines for its rational application, and how to conceive a microsystem of associative crimes. The thesis follows five stages: the analysis of criminal organizations as a real category, the international normative development, the evolution of associative crimes in Brazil, the examination of current legislation, and finally, the construction of a material concept of the offense. By integrating doctrinal, historical, and political elements, the objective is to establish criteria that ensure proportionality in the application of the criminal provision, preventing interpretative distortions and abuses.