Organized crime and the Public Prosecutor’s Office in Brazil: action and impacts on the effectiveness of fundamental rights

Abstract

This paper analyzes the action of organized crime by means
of its development and direct consequences in community life. It also describes the role of the Public Prosecutor’s Office while dealing with organized crime, by presenting the limits and structures for action, as well as how it impacts on the effectiveness of fundamental rights – specifically in the case of poorer individuals – related to the rights of education, health, safety, transport and culture, among others. Initially, the paper presents the concept, main characteristics and the legal standards for organized crime in the Brazilian legal system, as well as legal doctrine thoughts on the subjects of crime. The role of the Public
Prosecutor’s Office is presented in the following chapter, where its limits, organization and means of action are presented. Then, the third chapter deals with fundamental rights, including its concept, classification and its legal ground, and an analysis on the direct impact that the fight against criminal organizations cause on the effectiveness of fundamental rights, with a specific analysis over the Public Prosecutor’s Office work. The conclusion reached by the study is that either establishing new crimes in the Brazilian Criminal Code or having severe sanctions to existing crimes
is not enough if those crimes are not dealt with effectively. In this sense, it is known that organized crime is way ahead from the Judiciary and the persecution bodies, thus being a need for the State to solve the matter by providing means to those who fight against organized crime and taking effective measures.