Nos limites da jurisdição: o papel do Poder Judiciário frente à atuação das organizações criminosas na fronteira entre Brasil, Colômbia e Peru

Abstract

He absence of effective public policies in sectors such as security, education, basic sanitation and health and, in general, the abandonment of some regions of the country by the Public Power causes the emergence and growth of parallel organizations, which benefit from this state omission to act in a criminal way, in order to earn profits from the drug trade, human trafficking, illegal fishing, among other illicit activities. These criminal organizations act more and more intensely in Brazil, mainly from the 80s of the 20th century, so that the fight against them has become the great challenge of the Democratic State of Law, which is threatened in its very existence by crime. organized. This issue has been getting worse every year, mainly due to the population's growing distrust of the effectiveness of the state machine, which, despite the heavy tax burden, does not implement basic programs to implement fundamental rights. In this scenario, organized crime assumes the role of this “parallel state”, promising easy profit to the poorest population, in return for the entry of “soldiers” into the criminal enterprise. In the Amazon region on the border between Brazil, Colombia and Peru, criminal organizations take advantage of the financial and informational vulnerabilities of residents of that Amazon region, a place that is largely neglected by the Public Power, which does not invest in robust public policies for the socioeconomic rescue of the region. In this way, a significant portion of the population identifies drug trafficking as the only means of support for the family, later paying a high price, not infrequently with their own lives. In this scenario, it is up to the Judiciary to play an important role in safeguarding fundamental rights, especially in view of the growing activity of organized groups for the practice of criminal offenses, not only through decisions, but also through the social reintegration of egress from the prison system, giving him the opportunity to restart his life, with dignity and prospects for a future away from crime, with the application of techniques that oppose traditional punitive-retributive justice, within the constitutional limits imposed on him. The Judiciary will also be responsible for preventive action, with the population's awareness of the legal and social consequences of entering the world of crime, by holding lectures in schools and community centers, public hearings, campaigns against the consumption of products offered by criminal organizations , such as drugs, weapons, prostitution, counterfeit products, among others. The implementation by the Judiciary of international treaties and conventions is an important mechanism for guaranteeing fundamental rights, especially by promoting initiatives such as “education for justice” and “rehabilitation of prisoners”. In addition, specifically in the border region, the strengthening of a Transnational Law is an imperative measure. In the research proposed herein, the deductive method of approach will be used, making use of a descending chain of reasoning, in order to start from a general idea to a particular one, in order to reach a conclusion about the important role of the Judiciary in the guarantee of rights against the activities of criminal organizations in the triple border.