Novo cangaço: modus operandi ou organização criminosa?

Abstract

This article aims to investigate whether the phenomenon known as "novo cangaço" should be understood merely as a modus operandi replicated by distinct criminal groups, or whether it presents the structural elements required to be classified as an organized crime group under Brazilian Law No. 12.850/2013. Based on a theoretical and analytical approach, the study discusses the legal concepts of organized crime and criminal modus operandi, identifying their essential differences and analyzing whether the actions attributed to novo cangaço meet the legal requirements. The research draws from specialized legal doctrine, news reports, empirical data, and judicial decisions, as well as comparisons with established criminal factions such as the PCC, Comando Vermelho, and Família do Norte. The study concludes that, although novo cangaço operations exhibit a high degree of sophistication and violence, they do not always reflect the permanence, hierarchy, and structured coordination required for the legal characterization of organized crime. Therefore, each case should be assessed individually, based on objective criteria and in strict compliance with the principles of legality, proportionality, and individualized criminal responsibility.