O crime organizado no Brasil e na Itália: uma análise sociojurídica

Abstract

This paper aims to understand how the legal and judicial practices in Brazil and Italy respond to the phenomenon of organized crime, from a cultural perspective. For this, the concept and the evolution of the formulations on the theme was presented, based on the study of Varese (2010), besides an analysis on the history of the legal treatment of organized crime in Brazil. It was also approached the concept of legal culture, since this work intended to carry out a socio-juridical analysis that had in the cultural perspective the north for the comparison of models, being based on this point in the formulations of Merry (2012) and Pennisi (1994). Next, the model of organized crime practiced in Brazil, especially that found in the practice of the so-called animal game was presented, as well as the new legislation to combat organized crime and the instruments brought by it. The Italian model of organized crime and state responses to the phenomenon made in that country were also discussed, based on the organization of the Sicilian Mafia, the so-called "Cosa Nostra", and presented the sociological analysis formulated by Giura (2015) about the Italian legislation. Through this literature review, it was possible to identify the point of influence of the Italian legislation in Brazilian anti-crime instruments, based on the plea bargain institute. After this review, we proceeded to the analysis of Brazilian and Italian decisions on organized crime, through qualitative research. In order to do so, we used the Decision Analysis Methodology (MAD), which seeks to find the present meaning in the decisions taken in the two contexts to construct a comparative analysis that takes into account the cultural aspects. The sentences were submitted to a questionnaire and, subsequently, the answers obtained were compared. Thus, the treatment of organized crime in both countries was dealt with, not only under the legal aspect, but also under the judicial practice, completing an analysis of the response to the phenomenon. The comparison between the models showed the convergences between what is practiced by organizations in Brazil and Italy, especially in the cooptation of state agents, the territorial extension of illicit acts and the presence of a robust organizational structure for the practice of crimes.