Observations on the law for the repression of organized crime

Abstract

The text examines Law 9,034/95, which provides for operational means for the prevention and repression of actions carried out by criminal organizations, analyzing the political and social role of the judge in interpreting the 1988 Constitution and infra-constitutional legislation. It argues that the Constitution is directive and programmatic, binding the legislator and the judiciary, and that the Criminal Code and the Code of Criminal Procedure must be reinterpreted in light of fundamental rights. It analyzes provisions of the law, such as controlled action, access to banking data, penalty reduction for collaboration, prohibition of provisional release, and the duration of pretrial detention, criticizing the figure of the inquisitor-judge created by art. 3, in violation of due process and impartiality. It concludes that the law must be interpreted restrictively, in accordance with constitutional principles.