The Theory of Isolationism as an Instrument of Criminal Policy and the Confrontation of Organized Crime in Brazil

— The purpose of this paper is to address the relevance of confronting organized crime in the Brazilian scenario upon the disorderly structures of prison systems that provide, with the constant transfer of prisoners, the communication between leaders of criminal factions, and the isolation of lea ders, that is, the “intelligence” of organized crime as a new paradigm of criminal policy. The levels of violence are alarming and generally rising, with each new research published in the media, which justifies the concern with the theme. It starts, firstly, with the different species of sentences and their function in the Brazilian prison system, examining their origin and evolution. It was also analyzed the Organized Crime and its action in the global scenario, as well as the relevant legislation Addresses the topic of criminalizing the poor of Wacquant and diffuse criminality, starting from a legitimizing concept of the penal system, which analyzes the problem of mass incarceration in Brazil, in order to separate dangerous leaders from subjugated prisoners. by power structures in prison. Finally, we study the regulation of organized crime by the violence, the impact on homicide reduction and lastly, the direct correlation between them. It is concluded that the disarticulation of transnational Organized Crime and the isolation of the command of these organizations are a new necessary paradigm to be incorporated into the Brazilian punitive system, in the phase of criminal execution.


I. INTRODUCTION
The article deals with the instruments of criminal policy, and their limits and possibilities in confronting organized crime in the Brazilian scenario, especially the disarticulation of transnational Organized Crime and the isolation of the command of these organizations, as a new paradigm of necessary incorporation into the Brazilian punitive system in the phase of criminal execution. incarceration and the fundamental right to public safety are compared, while discussing the movement of prisoners between state and federal prison models, which follow different prison methodologies and end up contributing to the dissemination of information, and expansion of prison gangs, with the stimulation of the emergence of new collectives of prisoners active in prisons in the federal states. This whole chain of events impacts on the monopoly of violence and on state control of prisons, without government agencies realising or presenting solutions to the problem.
The methodology used consists of bibliographic research, with operational description of the terms, and use of the deductive method.
In the first item, the functions of the penalty and the transition between repression, retribution and resocialization will be analyzed. Then, we analyze the lack of intimidation of Organized Crime, which increasingly expands its ballast of action and addresses the criticisms of the inoperability of the functions of the penalty that means the ineffectiveness of the penalty as an instrument of intimidation to organized crime. The problem of the criminalization of the poor of Wacquant, the overcrowding in prisons in Brazil, and diffuse crime are addressed. Next, in the third item, the phenomenon of Organized Crime and its worldwide expansion constitute the theme of the discussion. In this sense, with Roxin's theory, the criminal pronouncement is subdivided in the phases of: incrimination conducts, application or fixation of the penalty and criminal execution. In this last phase lies the issue of maintaining chains of command and the actors of Organized Crime and their ballast of action even when the leaders of criminal organizations are arrested.
Organized Crime extends around the world on the global stage. Thus, the Palermo Convention was held, projecting its reflections and implications in the Brazilian and other countries' legal framework. Incarceration in Brazil and diffuse crime is the object of bibliographic research a fundamental right to public security. The following question arises: does incarceration solve the issue of Organized Crime?
Isolationism in the confrontation of organized crime is compared in the final item of the work, where the consequences of the disordered structures of prison systems are discussed, which eventually promote communication and exchange of information between leaders of criminal factions.
The influences of criminal networks on patterns of violence and the need to break the logistics chain of the actions of these Organizations are discussed, as a way of weakening their illicit activities. In addition, the issue of regulating violence by organized crime and the impact on the reduction of homicides.
Mitigating the actions of intelligence, logistics and administration of organized crime, as a new paradigm to be adopted in the execution of criminal policies in Brazil is what is proposed to the debate in the article.

Retribution, Prevention, Repression and Resocialization
In order to discuss the feasibility and understand the importance of adopting certain preventive measures during criminal execution, such as the implementation of isolationism, it is relevant to evaluate the essential positions around the purposes of the penalty, developed by sociological, criminological and criminal doctrines.
In Roxin's doctrine, in his work, "Meaning and limits of the state penalty", the author states that Criminal Law is a kind of last trench. He questions the bases and assumptions justify the fact that a "group of men associated in the State deprives some of its members of liberty or intervenes otherwise conforming their life". [1] Only in the event of a violation of the legal good of great value to society, is it legitimate that the action of the punitive power of the State is shown. This action should reflect the need for proportional and reasonable pacification to the social reality. The penalty, however, despite the theories formulated, "cannot be reduced to a single point of view", since its foundations make up a "highly complex reality", [2] thus "it is a social necessityultima ratio legis, but also indispensable for the real protection oflegal goods", the penalty must be, in a democracy, "always fair, inrenably attached to the culpability (principle and dogmatic category) of the author of the punishable fact". [3] Criminal law only interferes in the social environment to protect citizens, to allow them to live ina society free of danger, [4] thus serves to protect legal assets of greater relevance.
Incident about this interference of criminal law, that is, in this area is that the "limits of political democracy, understood as the power or will of the people and, therefore, of the majority". [5] Only with these assumptions will the legitimacy for punishment be found. The idea of pen as a means of resocialization was a theoretical-practical construction that was forged over time. Several stages were overcome in this process, such as theories of state or social revenge.
The Absolute Theory of Punishment was formulated based on the idea that the penalty should serve to repay the unjust practiced. [6] It was his own end and found self- Another theory, called Relativistic Theory, values the prevention of crimes through the application of the penalty, which can happen in two ways: the first is the general prevention that relates to the control of violence, limiting it or even reaching its inoccurrence, [7] or an obstruction by "deprivation to the perpetrator" or by the "intimidation" resulting from the application of the sanction, "which will result in the inhibition of other criminal conducts. [8] Carnelutti argues that the penalty boils down to inflicting suffering on those who committed the crime, that is, it aims to offer a disincentive: [to] the committing of others; therefore punitur ne peccetur, that is, in order to try to dissuade the condemned to put himself in a position to have to be punished again. In this respect, criminal law operates on necessity, constituting a link quo necessitate adstringimur alicuius... rei faciendae vel non faciendade; the criminal obligation, which deals with the science of material criminal law, is the expression of the preventive purpose of Criminal Law. [9] For Dieter, the functions of the pen, from a formal point of view, are constantly redefined. However, they lean on prevention, now for resocialization, but in their critical view, the legitimate arguments of the penalty, such as retribution and prevention, would only wish to "perpetuate the power relations defined by the unequal distribution of modes of production", stating that there is an "abyssal cleavage between the declared functions and the reality of their execution". [10] After retribution and prevention, the idea of general prevention arises, which can be negative or positive. The first, positive general prevention, occurs when it can be demonstrated that the criminal law is valid and is able to be applied to any specific case. The negative, according to Feuerbach, considered the father of modern criminal law, is that capable of influencing the mood of the agent, who will be affected by a fear, of a "psychological coerce", which will discourage him to commit crimes.
The second subcategory of the Relativistic Theory of The Penalty deals with special prevention, which is intended directly for the condemned. At this point, it differs from the previous one (general prevention), because it is not intended for the collectivity, but for the person who commits the crime. Special prevention can also be positive or negative.
The special positive prevention seeks the resocialization of the condemned, who, after the execution of the sentence, must the individual present himself with full aptitude for normal social interaction. By special negative prevention, it leads to intimidation of the condemned, so that he no longer commits criminal acts in order to avoid recidivism. There is also the Mixed or Eclectic Theory, which combines the function of the penalty as an instrument of retribution to the condemned, of the evil practiced by him, without overlooking the preventive disincentive to the practice of new criminal crimes.
Albergaria states that this theory aggregates the various stages and phases of the sentence, each one, fulfilling different scopes: "at the moment of the threat of the penalty", where the criminal legislator must act, the idea of general prevention is decisive, while "at the time of the application of the sentence, the idea of retribution predominates", and in its execution, the so-called "special prevention, because then the reeducation and socialization of the offender" will prevail. [11] Therefore, a multi function of feathers is recognized. Retribution, prevention and resocialization, and this was the position adopted by the Brazilian legislature, as can be seen from the command of Article 59, caput,of the Penal Code. [12] Despite the technical adjustments in relation to penalties, it is reputed that in order to have resocialization, it is necessary to implement the legal guidelines of criminal execution and promote effective means for social reintegration, removing from the hands of experienced criminals, people in situations of economic and socioenvironmental vulnerability, which pushes them to the webs of organized crime.
The starting point for such success is to give attractive options for the promotion of emancipatoryeducation, [13] as well as offering the acquisition of legal professional techniques, through the learning of crafts, development of skills and abilities and thus provide ways for the inpenados of yesterday, to be received in society as holders of rights and duties, and in particular as citizens able to develop productive activities.
The Internet is one of the means of communication, dissemination of information and exchange of ideas that represents the globalized era, but also becomes an instrument that organized crime makes use of, expanded its actions and reach. Several types of crime are "offered", via the worldwide network of computers. Through it are applied scams, drugs are sold, crimes are ordered, finally, all kinds of violation of the law occurs in this medium.
The advance of Organized Crime, empowered by access to "easy money", and permeability in social and even political bodies, affects not only the internal environment of states. Criminal organizations, but become increasingly transnational, entremeand by the inland border zones of several countries, affecting the local and global economy. One of the biggest challenges faced by governments is the advance of transnational organized crime in global society since crime acts in a way that operates in a way that is rampant in networks, this process expands with globalization, especially in the last decades of the twentieth century.
The transnational character, a phenomenon of the globalized era, has made organized crime more specialized, more professionalized and dynamic. The increasing integration of world economies, trade and financial flows and also the transit of people, whether due to work or the scientific area (technology) intensify this process, which permeates the most diverse areas of social life, promote the "revolution in information and communication technologies and practices"; it causes the "erosion of the national state and the rediscovery of civil society to the exponential increase in social inequalities", which highlights the problem of "emigrants, tourists or shipwrecked people", as well as the "protagonism of multinational companies and multilateral financial institutions, of new cultural and identity practices to globalized consumption styles". [16] The global electronic economy " means that companies, managers and investors can transfer large sums of capital" with a simple touch of hand, and with that, they can also destabilize economies that once demonstrated robustness. [17] Organized crime uses these tools and is not intimidated, often being open ly on social networks of the worldwide computer network, including offering "services" of delivery of weapons, drugs, prostitution, etc. Through the virtual environment, various crimes are committed, such as fraud, fraud, and even virtual kidnapping, in which a computer virus is manipulated that "crashes" that of the recipient (kidnapped), usually companies, and for the release of the machine, is extorted a sum of money. The Judge of the TJ SP, Dr. José Carlos, described in his work a typology, in which he can kill himself by computer, as in the case of a mafia whistleblower who had his relative killed by a hacker hired in Switzerland, having succeeded in invading the patient's medication system, hospitalized, leading him to death for revenge. [18] It is possible to easily commit murders with a hacker, computer and internet.
Scams such as bitcoin and other cryptocurrencies are common to Organized Crime. The report called "Organised Crime in Australia 2017", points out that the use of bitcoin currency and other cryptocurrencies, by organized crime, have been very efficient formoney laundering and financial movements that go off the radar. These virtual currencies are used in an abusive manner since they can be sold anonymously online, without control or dependence on a central bank or financial institution that can oversee transactions. [19] If, on the one hand, organized crime is not intimidated, there is a problem of the inoperability of the penalty and the criminalization of the poor, issues of which we will start to address.

Criticism of the inoperability of the functions of the sentence and the problem of the criminalization of the poor in Wacquant
This item addresses the effectiveness of the application of the penalty as a preventive means, that is, to avoid the occurrence of new offenses, which reveals the inoperability of the penalty. At first historical moment, man, organized in society, realized the ineffectiveness of the application of the penalty, in the midst of enlightenment philosophical discussions.
The prison emerged as the "centre of gravity of politicalcriminal schemes", widespread from the second half of the 17th century in Europe. To date, it has not succeeded in achieving an effective system that would replace prison, but it has been profoundly modified over time.
In Brazilian legislation, the adoption of pecuniary and restrictive penalties of rights is highlighted, especially in the systematics of the Law of Special Justices No. 9099/95, which emphasizes the alternative penalties of scarcerizadoras, pointing to the incorporation of reformulations of new concepts, theories and ideas about criminal law and its norms.
However, Amaral writes that there is a paradox between these new decriminalizing rules and the resurgence of legislation, giving "broad prestige to the exasperation of Scholars began to openly criticize the application of torturous punishments and use of inhuman esum misins as a form of punishment to offenders. The idea of revenge is replaced by preventive contours.
Beccaria states that the best cost-benefit is in preventing crimes, rather than having to punish them, because "every wise legislator should seek rather to prevent evil than repair it", being good legislation, the art of "providing men with the greatest possible well-being and preserving them" from evils such as suffering. [21] Faced with the ill-fated crisis of legitimacy of the penal system, markedly in relation to the foundation of the penalty, and the existence of selectivity, new theories and criticisms of the inoperability of the penalty are increasingly presented in the scenario where the directions of criminal politics are discussed in Brazil and in the world. In this context, the penalty, it is said, was "humanized", having abandoned its contours of human degradation, although the issue of "humiliation" may be present, justified by the need for social regulation.
Veloso says that the crisis of legitimacy of the penal system is partly caused by society itself because "there are other ways of repressing the offender", which is not necessarily "the seclusion in cells as if they were animals", however, social claims, in part, are triggered by the media, sensationalists, who lead to believe that prison is the only way to guarantee punishment of offenders. [22] The worse the environment, the better, without realising that it aggravates the problem, it does not solve it.
Jus puniendi, over the years and the development of new theories, the humanization of penalties became a necessary agenda, required "by men themselves, by scholars", so that the updated penalty is content to "deprive man of his rights reaching his greatest conquest, freedom", and thus we move to a more human "concept of pity" by undressing the individual with greater humiliation, "for only the fact of being judged, even if cleared, is a bitterness". [23] Aggravate the situation, elements of destructuring of the penal system, such as: a) Reproduction of violence, b) Creation of conditions progression of simple conducts for other more harmful, c) Institutionalized corruption, d) Concentration of power and social vulnerability, e) Destruction of "horizontal and/or community relations". [24] In particular with the case of social vulnerability and the conversion of part of the population in a situation of miserancy to the functional frameworks of trafficking, it is necessary to discusswhat some authors [25] call the criminalization of the poor based, especially on Wacquant's thinking, for whom "punitive management of poverty", ghettoization and ethnic marginalization have been forged as a "component of neoliberalism". [26] According to Wacquant, in the United States, "a new policy" and a new "management device for urban marginality" emerged, (which seems to spread across the continent), from a state action that restricted social policy, with "the replacement of protective welfare with compulsory workfare", employing a growing and expansive penal policy. [27] There is the "regulation of the poor" by welfare: on one side is the left hand with the obligatory workfare and on the other, the right hand of the State unite resulting in the "'double punitive regulation' of the untapped fractions of the post-industrial proletariat" [28].
Regarding Latin America, the author states that: The same logic is on the scene in Latin America, which is where I finally take the reader, in order to examine the militarization of poverty in the Brazilian metropolis as revealing the profound logic of penalization (cf. Wacquant, 2008b). In a context of extreme inequalities and rampant street violence, backed by a heritage state that tolerates routine judicial discrimination, caused by both class and color and police brutality without restraints, and considering the terrible conditions of confinement, imposing punitive restraint on residents of decaying slums and degraded housing estates amounts to treating them as enemies of the nation. This policy is ensured by feeding the disrespect of the law and the routine abuse, as well as the uncontrolled expansion of criminal power, which, in fact, is observed throughout South America in response to the joint increase in inequality and marginality (cf. Müller, 2012). This Brazilian excursion confirms that the penalty vector always acts in an extremely selective way, reaching, as a matter of structural priority, those categories doubly subordinated in the material order of class and in the symbolic order of honor. [29] With this thought it is justified that, in the absence of a criminal justice system with greater operation, to apply the penalty of restriction of freedom, with greater efficiency and / or effectiveness to the intricacies of the command of Organized Crime. But prison is still the means that the State can and must use to protect not only the so-called unavailable, unreprehensible and indispensable legal assets, but also the population itself, which is held hostage to the threats and lack of choice of life and maintenance of this (subsistence), inserted in this concept, physical integrity and social peace. There is a sense that the government is always drying up ice on this issue: much is incarcerated and little resocialized, and there is no social peace. Violence predominates, resulting in more criminal status and repressive policies.
The need to isolate and make it impossible for the individual to commit crimes is what provides the legal and legitimizing foundation that, in turn, served as "a basis for the construction of maximum security prison units", [30] as well as, enabled the adoption of the so-called RDD -Differentiated Disciplinary Regime, which will be better explored in the last topic of work, with the necessary analysis and critical confrontation. For now, we are committed to the discussion of organized crime as a global and local phenomenon.

III. ORGANIZED CRIME: A WORLDWIDE AND BRAZILIAN PHENOMENON
The term organized crime was well defined from the Palermo Convention in Italy on December 15, 2000, which, in its art. 2, qualified as "Organized criminal group" all those groups that form structured, composed of three or more people, and is "existing for some time [...] acting concertedly for the purpose of committing one or more serious offenses" or other offenses mentioned in that Convention, "with the intention of obtaining, directly or indirectly, an economic benefit or other material benefit". [31] The Convention was necessary since organized crime was structured around the world under the most diverse configurations, purposes and denominations: mafia, gangs, gangs, gangs, commands, triads, yakuza etc. acting nationally and transactionally. [32] Several previous attempts to print satisfactory legislation had already been the subject of the legislative interest of the countries. In Italy, on July 31, 1874, the report entitled "Organized crime in the Balkan region" was published at the request of the Ministry of the Interior, referring to a Law of 1875, where Giocchino Rasponi defined the mafia as a "city rascal". [33] The Italian mafias in the 19th century were structured and organized according to codes of conduct, and initiation rituals. In the 20th century these organizations branched out around the world, becoming transnational, the Cosa Nostra (Sicily), Ndrangheta (Calabria) and Camorra (Naples). Each, with approximately 25 (twenty-five) thousand members and 250 (two hundred and fifty) thousand affiliates around the world.
In Brazil, organized crime has controversial origins according to the author Lidiany; Nivaldo apud Silva, 2003, while for other authors its origin would be in the Brazilian Northeast through the cangaceiros of the time the so-called "gang of Lampião and Maria Bonita" since these criminals were already organized hierarchically, making extortions, kidnappings, threats and counted on the collaboration of corrupt politicians and police. [34] But it is claimed that organized crime actually emerged in Brazil, in the prisons of the 1970s and 1980s, with the formations of criminal groups. Others defend the idea that it would have arisen in Rio's favelas due to the lack of adequate public policies by the state in what the author calls the "generation of excluded". [35] This item will deal with the denominations of Organized Crime and its ballast of action in the Brazilian scenario.

Actors and denominations of Organized Crime and their ballast of acting in the Brazilian scenario
In the internal scenario, the situation is very serious, which makes urgent the need to rethink actions in internal public security, markedly in prisons. The prison system as it works today, is serving, now as an "office", or "college" for Organized Crime. [36] Sergio Oliveira Souza, in Brazil, prisons have been transformed into "offices for organized crime leaders, conditions of overcrowding and precariousness show that, without planning, there are no possibilities for rehabilitation and resocialization of detainees" [37]. These factions absorb a "generation of excluded who in response to this exclusion and with great insight and intelligence organized themselves in order to meet their basic survival needs." [38] Organized Crime studies, is "qualified" for its illicit activities. In July 2014, it was reported that the "bosses" of the criminal factions were living and "studying" abroad in order to specialize with cartels in Mexico and Paraguay. The tentacles of these Criminal Organizations are also spread across the three powers. [40] In prisons, the war on drugs, like the Americanmodel, [41] caused an overincarceration that provoked a revolution in the organization of these establishments. "From within the jails, the main collective of crime in the state was strengthened. This [criminal] policy is bankrupt, but it continues to operate", this collective is the First Command of the Capital, which is one of the large Criminal Organizations active in Brazil, "present in 22 States of Brazil, and has become a major supplier of weapons and drugs to other factions". [42] News nationwide [43] and local [44] are broadcast every day, and report arrests and the blunt practices of lawyers co-opted by Organized Crime.
The heads of these factions are not intimidated, nor with federal intervention for public security, even less with threats of legislative change.
The red phalanx was created in the 1970s, the red command would have appeared in the maximum security prison of Ilha Grande, having as mentor Rogério Lemgruber, known as Bagulhão (the acronym C.V.R.L Comando Vermelho Rogério Lemgruber is created). The faction was forged in the "maximum security prison of Ilha Grande during the years of the dictatorship, when the guerrillas of the armed struggle mingle for four years with common prisoners those who practiced the crime of theft and robbery". [45] It was this faction that originated the Red Command. [46] Comando Vermelho -CV, was formed by some members of the red phalanx, and originated in bangu i prison, having as main founder the famous "Escadinha", a Chilean fugitive from the Pinochet dictatorship. The faction stemmed from the union of ordinary prisoners and political prisoners, who within the prisons had access to the teachings of guerrilla manuals. Some authors claim that the Brazilian left helped the Red Command: "whatever the case may be, one thing is certain: if the militants of the armed left trained guerrilla bandits inside the prison, those on the unarmed left, outside it, are consistently following their initiative", because they help the faction to conquer a position of popular political leadership, "artificially legitimized". [47] Primeiro Comando da Capital -PCC became known in the media as a response to the police intervention of Carandiru It is estimated that the faction currently controls 137 (one hundred and thirty-seven) prisons, that is, 90% (ninety percent) of the prison system of the State of São Paulo, making 123 million reais, in crimes of drug trafficking, raffle, toll and monthly fees that are paid by inmates and family members. [49] There are authors who argue that with the control of the PCC in prisons decreases the number of deaths, [50] since the focus of the faction ceased to follow the molds of a union, to defend prisoners, and went to objective profits as a company. [51] Currently They flaunt their weapons, threaten and have prosecutors, judges, delegates, servants, police and penitentiary agents executed, in short, all who put themselves in their way. Many of these orders, departing directly from prisons spread across the country.
Organized crime in Brazil, especially in the Northern Region, also presents transnationality as a characteristic.
Public safety, at the state and federal level, cannot face the expansion of existing criminal practices. Several groups form, groups already formed dispute power among themselves, change, other groups combine, and thus, these alliances begin to exercise an increasing dominance, and their actions are increasingly violent.
Criminals form species of societies, from groups that use violence and symbolic actions to establish their power and the so-called delinquent economy, which consists of allowances, tolls, imposing restrictions on trade on certain days and places, curfew, etc.

The Brazilian legislation on organized crime and the reflections of the Palermo Convention
Until the emergence of Law 12,694/12, the Brazilian legal system did not even have a legal definition of "criminal organization". That is why the definition given by the Palermo Convention was adopted. Not only the mere association for the practice of crimes, it is necessary that it is at least structured among its members, there is the so-called hierarchy in different nuclei.
Another differential in the previous law used the term "crimes" in law no. 12,850/13, in its paragraph 2 covers the term "criminal offenses". It was also sought, in paragraph 1, to punish that subject who prevented or in any way would embarrass the investigation of criminal offense involving criminal organization, which complies with the provisions of the United Nations Convention against Transnational Organized Crimethat is, in the Palermo Convention, promulgated through Decree No. 5,015/2004, art. 23, which gave greater punishment to those who wish to obstruct evidence.
There is also an aggravation of the penalty of the person who becomes head of the criminal organization, even without personal practice of execution. The penalty will be increased from 1/6 (one sixth) to 2/3 (two third) if there is participation of child or adolescent, in known cases of mediata authorship when criminals use inimputable in the practice of their crimes. It also refers in Article 2, item II, to the aggravation of the penalty when there is a public official competition, with a view to the "betrayal" of that official in relation to state designs. [60].

IV. THEORY OF ISOLATIONISM AND COPING WITH ORGANIZED CRIME
This item discusses the consequences of the disordered structures of prison systems, which eventually admit, if not promote, communication and exchange of information between leaders of criminal factions. The collectives of prisoners increasingly become a reality in Brazilian prison institutions, which in turn begin to organize themselves to insert themselves into the democratic system, including electoral, their representatives.
From within prisons, when the execution of their sentence, criminals, administrators and managers of trafficking, extend the tentacles of their criminal organizations, forcing minor criminals to join their organization, [61] getting new "deals", and also, raising partnerships, co-opting lawyers "partners" in their crimes, people from other communities and align or fight with other criminal factions, all at the expense of society and the criminal system.
Criminal networks in the patterns of violence, nodded in homicides in Brazil, have to do with the greater or lesser freedom of action for these criminals. Therefore, the need to break the logistics chain of the actions of organizations for crime is justified, as a way to undermine their illicit activities. This permeates the following questions: How to establish a regime that can prevent the communication of leaders with their subordinates, in order to isolate the actions of command, logistics and planning of organized crime through criminal isolationism?
Is the disarticulation of transnational Organized Crime and the intelligence of these organizations a new paradigm necessary to be incorporated into Brazilian criminal policy?
It seeks to analyze the enstillment between the isolation of organized crime intelligence and a new paradigm of criminal policy in a scenario of expansion of criminal factions in prisons in Brazil. Mitigating the actions of intelligence, logistics and administration of organized crime, as a new paradigm to be adopted, which aims to asphyxiate the command of factions, in the execution of policies, criminal in Brazil is the proposal discussed here.

The disarticulation of transnational organized crime and the isolation of organized crime intelligence as a new paradigm of criminal policy
The disarticulation of Organized Crime is impartin transnational intelligence actions and cooperation between police in the main drug-producing countries. That's because these cops and their staff must be more organized than the leaders of the drug trade.
When he was imprisoned in the Prison of Papuda, Brasília-DF, "Marcola created an arm of the PCC called by the criminals of Partido Liberdade e Direito (PLD)". After the investigations carried out by the Special Division to Combat Organized Crime (Deco) it was possible to identify the creation of this faction, which "followed the molds of the creation of the PCC, including in relation to the rules contained in its statute". According to these parastate norms, the "dome" passes the guideline to prisons, which are called "towers" and thus, the "criminals responsible for the transfer of information" are the socalled "pilots" -who are "prisoners chosen to coordinate the members of the PCC who were behind bars". [62] Looking at the information about the transfers, I found that Marcolinha (Marcola's brother) would have been transferred to Papuda. 'But is it the Benedito' who transferred him to the site that previously his brother would have founded a branch of the PCC in one of the criminogenic policies of the State of SP? As absurd as that is, unfortunately it's another truth. In the transfer of 'Marcolinha' (Marcola's brother) they transferred him to Brasilia, the same place where his brother (thanks to the State of SP) founded the PLD. [63] There is also a very well organized arm of the PCC, longstanding, active in the Federal District, having been recorded by police investigations at the start date: March 5, 2001, after the commander in chief of the organization had spent a period collected in the Federal Capital. [64] After a pilgrimage through several prisons in the country, Marcos Herbas Camacho, the "Marcola", was collected to the Center for Hospitalization and Reeducation (CIR). Although the stay was shorthe was imprisoned until Although the oldest and most powerful prison gangs operating in Brazilian prisons have emerged in the states of Rio de Janeiro and São Paulo, today, there is no right address. They present themselves in Brazil or abroad, controlling their actions remotely.
Organized crime, based on the techniques of militias, he quickly evolved his modus operandis to act in networks, which consolidated themselves in other axes outside Rio-São Paulo [66], in particular, "when transferred toother states" because they coordinated withother prisoners, [67] contributing "to the incentiveand help in the constitution of new organized collectives of prisoners" [68] that led to the density of a "culture of delinquency". [69] The Brazilian prisons, which already suffered without physical structure and human resources, "buffeted by a growing prison mass (mostly poor and unassisted)", a situation aggravated by the adhering, often compulsory for the "formation of criminal groups, of brotherhoods of crime", [70] they found themselves unchecked and became what commonly adjected from powder barrels, marked by the constant massacres that shame the nation and systematically violate the human rights of those collected from the nightmare of the Brazilian prison system. It is necessary, first, to ensure that these leading prisoners stay as far away from their places of action as possible, secondly, that these people are kept in systems of Differentiated or similar Disciplinary Regime, as far as necessary, in order to undermine the control of the places in which they operate, so that their threats no longer have any effectiveness, including prison officers, who often find themselves threatened without any state shelter.
There can be no inversion of values and social rights, where the right of a high-risk incarcerate, with a function of command of great ballast in the factions is more privileged than the communities held by the criminal desideratos, deceived by the easy money coming from trafficking and related crimes. [75] At the end of the day, the whole society becomes subdued and unprotected.
In this discussion, in addition to the fact that prisoner transfers contribute to the articulation between the factions, one still has to deal with disputes and the fact that support houses for the relatives of prisoners has functioned as "HQ's" of crime, as Teixeira warns: Therefore, there is no doubt that, in fact, there is interconnection between members of the same faction or even between prisoners of various factions, inside federal prisons, being certain that such agreements can be complemented in support houses, where the elements that support the criminal faction are found. It then becomes the house of support, an important point of intersection between criminals of the same gang of prisoners or between these prisoners and their sympathizers, future soldiers to join a criminal organization. [76] It is necessary to adjust the function of the penalty for certain individuals who use their high degree of knowledge and administrative specialization to promote, direct and guide criminal actions. However, the simple use of prison does not lead to the desired result, it is necessary a systematic, lasting and joint action of all those involved in the criminal system, such as government, police, judiciary, prosecutors, prison officers, civil society and their organizations, in short, all those interested in a less violent world and with fairer distribution of the penalty, since these measures are restricted to the high command of organized crime. It is the conscious use of selective state violence. [77] This is because, proven and absurdly, the greater or lesser violence in cities is directly or indirectly linked to the actions of these imprisoned criminals,[78] moreover, it should be considered that "worldwide research concludes that criminal occurrences in association with drugs have increased worldwide, evenin those where drug policy has been relaxed".
Temperance is necessary, because there is an erroneous common sense that: if all criminals (excessive generalization) are not applied the penalty of deprivation of liberty, Brazil is confirmed as a country of impunity where everything that is wrong, "ends in pizza". [80] The possibility of applying the restrictive penalty of rights, for certain crimes, has better effects than the restrictive penalty of freedom itself, in so far as it is "paid" to what has been done -"but because of this feeling of impunity [or fear of it], the State, in the figure of the judge, is very modest in its application".
[81] The most drastic measures in the execution of the sentence should be reserved only to those inprisons with a high degree of dangerousness and manipulation of subordinates internal and external to prisons for the committing of their crimes and administration of their business.
As Teixeira said, the "problem of gangs of prisoners has no simple solution", there is no methodology, rule or standard pre-established to combat them, but "represents social and political intelligence the adoption of measures that can reduce their powers, including, of course, the reduction of mass incarceration" replacing this practice with "better use of prison spaces, including, of course, the Federal Penitentiary System", reserving them only to the leaders of criminal factions and prison gangs. [82] However, for the members of the criminal organizations command it is necessary to insert these individuals, in different regimes, in order to dismantle the Central Committee of Crimea direct byproduct of the system of transfers of prisoners between federal prisons. As soon as the high-ranking inmate in the chains of command of crime enters at the beginning of criminal execution, due to its dangerousness and capacity to generate social damage, it should be placed in "very rigorous programs for the treatment of the prisoner, asloreing him in an isolated cell, without contact with other prisoners, with supervised visits and without intimate contact" and with the supervised contact with his lawyer, for the sake of collective security so destiture in the current legal-criminal scenario of today. [83].

V. FINAL CONSIDERATIONS
The work presented intended, through bibliographic, documentary research and direct observation, to study the intentions of the penalty and its ideological-historical evolution, focusing on criminal execution, to later deal with isolationism, as a form of disarticulation of criminal organizations in Brazil, undermining their strategies of action, logistics, co-optation of "members" and places, neighborhoods, slums, places where the State has no interference , but especially the forms of issuing orders, exchanging information and monitoring criminal activities, by those who are inserted in the prison system.
The functions of the penalty in criminal law are a reflection of the state criminal policy program, which the criminal dogmatics institutes, from the attribution given to the penalty. This, in turn, configures the official response in the face of conduct or the punishable fact, exarada by the criminal justice systemin which are inserted the police, the judiciary and its powers, and prison institutions and their executive developments. It happens that the functions of prevention, disapproval, normative-criminal repression by themselves have not achieved the necessary success for the confrontation of criminal organizations. When organized crime is not intimidated, the result can only be the expansion of its violent domains, increased associated crime and expansion of its highly profitable businesses, a fact capable of shaking world economies.
Transnational organized crime, far from retracting, growing and innovating, therefore, requires specific, intelligent and coordinated actions between the police and other financial and public security surveillance agencies.
But not only that, once these coordinated actions are successful, it is necessary to ensure that the regions, previously dominated by trafficking, have new educational, professional and occupational perspectives (sport, leisure, etc.). And that the "economy" previously practiced, to end, replaced by these activities. It is necessary to decriminalize the poor, to reject the ghettoization and favelization, and to educate them, to professionalize them and to insert them in activities that can guarantee them subsistence and dignity, because the way Mainardi would say, a good way to get rid of the poor safely, is to make them a little less poor.
The proposed objective was achieved, since it was sought to demonstrate the relevance of confronting organized crime in the country, in view of the disordered structures of prison systems, which provide over the years, communication between leaders of criminal factions, resulting in the creation of a Central Committee between leaderswhich reinforces the urgency of mitigating the actions of intelligence, logistics and administration of organized crime. The isolation of leaders, even if this measure is not unanimous, is a possible way to adopt in the execution of criminal policies in Brazil, to reduce violence in the country.
As for the questions, on how to establish a regime that can prevent the communication of leaders with their subordinates, in order to isolate the actions of command, logistics and planning of organized crime through criminal isolationism, several joint actions and transnational cooperation are necessary, in order to dismantle the chain The actions necessary to confront Organized Crime are to obstruct communication, to make the integrations between the leaders, that is, between those who exercise some form of management of drug trafficking, theft of charges, virtual crimes, transnational actions, in short, which cloud the mediatas and immediate instructions emanating from a command to their cells linked to some criminal group or faction. The most drastic measures and socio-criminal restraint, which we call isolationism, should be reserved only for prisoners with a high level of dangerousness and who manipulate their subordinates intra and extrapenitentiary to commit their crimes and administer their business.
Given the organization of criminals, it is essential to direct the function of the penalty to certain individuals, who use their intellectual qualities and administrative specialization to promote, direct and guide criminal actions. Nevertheless, the mere use of prison does not lead to the end of crime. It takes a systematic, lasting and joint action of all those involved in the criminal system, such as government, police, judiciary, prosecutors, prison officers, civil society and their organizations.
The custodial sentence, as seen, still represents a central element of the penal system, and a means still considered effective, to protect the social body from criminal obstinacy, whether arising out of or promoted by cultural, economic or social factors. When using it, it is necessary to have in mind its limitation to those who have a high level of command of crime, according to the most up-todate doctrines and criminal policies.
In addition, it is not overseen that social policies, such as education, health and the promotion of decent work, are the best preventive means of crime, organized or not, in accordance with the reference legislation.
DIETER, Maurício Stegemann. The symbolic function of the penalty in Brazil. Brief criticism of the function of positive general prevention of criminal punishment in Jakobs. Journal of the Ufpr LawSchool. Available from: <https://revistas.ufpr.br/direito/article/view/7036>. Access on May 20. 2019, p. 3. In the current search for new argumentative resources that authorize the penalty, appears in German doctrine based on a new sociological constructionthe rescue of the function of positive general prevention, based on the need to maintain normative behavioral expectations (Idem). [11] I'D HARBOR, Jason. Penalties and Criminal Execution. Belo Horizonte: DelRey, 1996, p. 20. [12] Art. 59 -The judge, in view of the guilt, background, social conduct, personality of the agent, motives, circumstances and consequences (SIC) of the crime, as well as the victim's behavior, shall establish, as necessary and sufficient for disapproval and prevention of the crime: (Writing given by Law No. 7,209, of 7.11.1984) I -the penalties applicable among the cominadas; (Writing by Law No. 7,209, 7.7.1984) II -the amount of penalty applicable, within the limits provided for; (Writing by Law No. 7,209, 7.7.1984) III -the initial regime for the execution of the custodial sentence; (Included in Law No. 7,209, 7.11.1984 where the concept of main and ancillary penalties was replaced and appropriated to Article 32 of the CP. In the Brazilian criminal legal system, the penalties will be: custodial, restrictive of law and fine. [13] Beccaria, Cesare. Crimes and penalties. S.L. Ed.