Direito do inimigo: um sistema prisional pensado para as organizações criminosas

Abstract

The Brazilian prison system faces a serious structural crisis, aggravated by the expansion of criminal organizations such as the Primeiro Comando da Capital (PCC) and Comando Vermelho, which operate both inside and outside prisons. This analysis examines the adoption of rigorous measures by the State, inspired by Günther Jakobs' theory of Enemy Criminal Law, which differentiates ordinary citizens from social "enemies," allowing for distinct treatment within the penal system. Examples of these measures include the Differentiated Disciplinary Regime (RDD) and Federal Law No. 12.850/2013, which relax procedural guarantees and create investigative instruments aimed at combating organized crime. The study based on theoretical-bibliographical and documentary methodology (critical analysis of legislation and doctrine) shows that, despite the hardening of penal policies, these measures have failed to dismantle these organizations; on the contrary, they have strengthened, maintaining structure and influence within prisons. The text also discusses the tension between public security and fundamental rights, a central issue given the risk of authoritarian practices and the violation of human dignity. Finally, the work proposes alternatives inspired by international models, advocating reforms that combine efficiency in combating crime, respect for human rights, and the strengthening of democratic institutions, as a way to contain the advance of organized crime and restore the legitimacy of the Brazilian penal system.