Crime is not fought by organizing illegal landmarks

Abstract

Law 15,358/26 starts from a mistaken position, that it is still necessary to multiply criminal offenses as a way to combat criminal organizations and their leaders—these are already replete with convictions that, however, are not enforced. The issue is much more about weakening the support groups that advocate for the proper construction of legal frameworks. The legislator’s intention has much of penal populism, which is expressed in the criminalization of many conducts, most of which are already punishable, and a multiplication of penalties—in some cases, 40 years becomes the minimum and not the maximum sentence. The law also stifles the presumption of innocence, resurrecting mandatory preventive detention, entangling itself with a new circular definition of ultra-violent organization, creating a kind of blank penal norm, giving the administration the right to define who is a member of the factions, imploding the progressive system of penalties and transition, emptying the custody hearing, transforming them into mandatory virtual acts.