As influências do crime organizado: um olhar a partir do Primeiro Comando da Capital (PCC)

Abstract

In Brazil, Organized Crime originated within the Carioca prisons during the period of the military dictatorship, through the creation of the Red Command faction. During this period the prisoners sought improvements in the conditions of punishment, sought dignity in the treatment received by them, and gradually as a way of structuring the faction were gaining space outside the prisons through the expansion of drug trafficking. In the 1990s, inspired by the Red Command, and aiming to interrupt the common practice of beatings and constant physical abuse in the Annex of the House of Custody of Taubaté, known as "Piranhão", the detainees made a pact in which rules of coexistence were established Which should be strictly followed, thus founding the First Command of the Capital, or shortly, PCC, as it became better known. This paper addresses the actions of the First Command of the Capital, inside and outside the Brazilian penitentiary system, as well as the reflexes caused by the actions perpetrated by the largest criminal faction in the country. In order to minimize the performance of organized crime, it is necessary to know its functioning, to understand its norms and behavior. From what was the largest wave of violence ever caused by organized crime, the May 2006 Attacks, there was an overexposure of the PCC in the media, which greatly contributed to the faction's disclosure, increasing the visibility and consequently the power of the CCP. Such disclosure favored the faction because, the media widely exploited the violent and terrifying character of the attacks, generating in the population the sense of insecurity, which ended up reinforcing the CCP's performance. Due to the size and notoriety that the First Command of the Capital happened to have, and as a result of the May 2006 attacks, the State had to take action, sometimes acting as a matter of urgency, a condition that greatly influenced normative production. Among the main changes and legislative creations we can mention: the creation of Law n°. 12.850 / 2013, known as the Organized Crime Law, and Law n° 13,142 / 15, which characterized the crimes of functional homicide and functional bodily injury, making them heinous crimes . In addition to the importance of current legislative changes and creations, the present theme ends up directly influencing the violence rates, directly affecting the population's reality, and its study is of great relevance in the search for measures that aim to dialogue with both sides, both with the Society in general, protecting it from violence, as well as from the factions, seeking to provide dignity to the grieving in the fulfillment of their sentences.