O novo conceito de organização criminosa: aplicação da lei n° 12.850/2013.

Abstract

This research analyzes the crime of criminal organization , typified by Law No. 12.850/13 , which typifies the conduct of people who come together for the purpose of practicing crimes . Thus , it is studied Law No. 12.850/2013 , which defined the crime of criminal organization by modifying some features of the Brazilian Penal Code and established the means of criminal investigation . Observing the development and rise in organized crime in various forms and locations served as justification for the making of this scientific work . Is justified also by examining the validity of the new law criminal organization , which raised an outcry of the population , by bridging the gap of no definition of the crime of criminal organization in the Brazilian legislation . The method of deductive approach , where analyzing the legal provisions as well as the doctrine and jurisprudence related to the topic , we sought to determine how the law 12.850/13 can be applied with regard to the offense of criminal organization was used . As methods of procedure , we used the monographic method , which examined only a theme , and its particularities , and the historical method , studying the historical evolution of organized crime The technique used was the indirect documentation covering the literature through the application of laws , doctrinal books and scientific articles . We found that, in the end, that organized crime presents itself in many ways , adapting to the location where the offenses are committed . However , it is emphasized that positivization the new law gives the possibility to fit more accurately the individuals who commit the offense of criminal organization , and reducing the number of necessary for the incidence of the crime of criminal association agents , opening the possibility to encompass a larger number of criminal offenses , thus punishing their subjects .