Criminalidade organizada transnacional e a globalização

Abstract

Some of the argued subjects more of the present time are the globalization, the neoliberal ideology and organized crime. The effect of these modern phenomena are felt in the society. In the legal scope, the areas of the criminal law and the basic rights are affected by them. In this way, the present study it searchs to relate the globalization with the establishment of the basic principles of the neoliberalism. In view of the scarcity of organized crime concepts, its characteristics, classifications, causes and consequences are questioned; analyzed e the possibility of application of the concept foreseen in the Convention of United Nations against the Crime Organized Transnational in the brazilian legislation of combat to the organized crime. It was observed that the basic values of the neoliberal ideology and with the increasing danger and visibility meet entailed that organized crime earns in the current days, due to inversion of the moral values of the collective sphere for the individual one, to the adoption of the ample proportionate freedom for the market economy and to the reduction of the dimensions and functions of the State, praised for the globalization. Also if it verified a narrow relation enters the intrinsic values of the globalization and the contrary speech to the criminal system, specifically the constant bombings to the criminal law and the punishment by confinement, as well as a concern desmedida with the basic rights that at least compose the nucleus most elementary of the human rights. In such a way, it was concluded that the globalization, by means of the neoliberal ideological speech, contributes to foment crime organized, therefore it attacks the repressive criminal system and it supervalues the individual basic rights.