Political-criminal and criminal-procedural issues about the criminal investigation of slaughters carried out by criminal factions in Brazilian prisons

Abstract

The aim of this article is to discuss issues related to criminal investigation of events occurred inside prison units involving criminal groups, in two aspects: the political-criminal issue and the (dis)interest of the public authorities in investigating the facts, and the criminal procedural issue involving both traditional and modern means of proof. The methodology used, in a majority way, is the bibliographic revision, although not exhaustive, by the temporal and spatial limits of the present text. At specific points, it was used news from the major media to indicate the dissemination of data and assumptions, particularly about more recent events in order to demonstrate the social perception of the subject. It has as its orientation the matrix of sociology to draw a brief historical foreshortening regarding the emergence and the installation of criminal groups at Brazilian prisons, analyzing the mutation of the use of riots (within the context of 2001 and 2006) for the slaughters (at 2013 and 2017). At the field of criminal investigation, the references used for the treatment are primarily of the criminal procedural, although it was used authors of related sciences that are attentive to the subject under discussion. The conclusions indicate the continuity of weakness at the field of criminal investigation, in the proposed theme, especially, due to scientific, methodological and operational issues.