PARALLEL CRIMINAL LAW AND ORGANIZED CRIME IN BRAZIL: CRISIS OF THE STATE MONOPOLY ON JUS PUNIDI AND CHALLENGES TO THE DEMOCRATIC RULE OF LAW

Abstract

Parallel criminal law is characterized as a phenomenon in which non-state agents create norms, enforce social control mechanisms, and apply sanctions, especially within the context of organized crime. In Brazil, this dynamic is observed in territories marked by institutional fragility and state absence, where criminal organizations begin to perform functions typically attributed to the State, such as regulating conduct and mediating conflicts. In this context, this study aims to analyze the incidence of parallel criminal law, through the actions of criminal organizations, within the scope of public security in Brazil. The research is situated in a scenario of increasing complexity of organized crime, requiring an approach that goes beyond a purely repressive analysis of Criminal Law. Methodologically, this is a qualitative study based on bibliographic and documentary research, supported by the theoretical contributions of Eugenio Raúl Zaffaroni (2003), Luigi Ferrajoli (2002), and Michel Foucault (1987), whose works enable a critical analysis of punitive power, penal selectivity, and forms of social control. It is concluded that parallel criminal law represents a direct manifestation of the State’s limitations in fully exercising its punitive monopoly, highlighting the need for institutional strengthening and the implementation of structural public policies to effectively address organized crime.