O direito internacional dos direitos humanos e o combate ao crime organizado no Brasil

Abstract

With each passing day, more cases are evidenced related to crimes committed by organizations that work in a transnational scope, feeding a system that makes victims directly and indirectly, frontally affecting diffuse and collective rights. This research carried out an analysis of the scenario of the Brazilian prison system in the light of International Human Rights Law and how this system is related to the birth and perpetuation of criminal organizations that have a transnational scope of action, based on the following question : ¿what is the relationship between the punitive model in force in Brazil and the increase in crime? The contradiction that motivated and permeated the research is related to the non-compliance with the minimum standard rules established by the United Nations and other international bodies to which Brazil is a signatory, in relation to the treatment of prisoners in the country, a fact evidenced by the request for action made by the Public Defender/SP about the prison situation of prisoners in the Temporary Detention Center of São Vicente (ANNEX 2), which shows the precarious daily conditions of one of the prisons in the metropolitan region of Santos. The study analyzed the existing relationships between the conditions of incarceration in Brazil, understood as mass and aimed especially at a social, ethnic and economic profile and its results in terms of breaking the social pact. The international impact that illicit markets, notably the narcotics market, generate on public security and health systems and even on the economy of States was highlighted, as well as the need for international cooperation aimed at changing the punitive paradigm, such as way of reducing crime. This qualitative research is supported by bibliographic and normative sources, whose data were analyzed using the hypothetical-deductive methodology.