A corrupção e as facções criminosas no Sistema Prisional Estadual do Rio Grande do Norte

Abstract

Corruption, in its broadest sense, as a systemic phenomenon deeply rooted in several societies, is a pathology that, inserted in the penal system, erodes the fundamental rights of individuals in prison, strengthening organized crime. With this perspective, this work investigates the corruption of public empolyee linked to the activities of criminal factions within the state prison system of Rio Grande do Norte, from 2010 to 2022. The discussion emphasizes the following problem: how does the corruption of public empolyee facilitate the operation of criminal factions and the perpetuation of severe human rights violations within the prison system of Rio Grande do Norte? Based on this, the objective is to analyze the correlation between the corruption of public agents and criminal factions in the context of the Unconstitutional State of Affairs in the prison system of Rio Grande do Norte. It also seeks to understand the excesses of state punitive power in light of the 1988 Constitution, especially regarding human dignity and the implicit anti-corruption principle. As for the methodological procedures, a qualitative and quantitative research approach was adopted due to the study's reliance on bibliographic sources, analysis of theories and internal and international regulations ratified by the Brazilian state, as well as statistical data obtained from official documents in public domain provided through official correspondence by the National Penitentiary Department and the Penitentiary Administration Secretariat of Rio Grande do Norte. As this is a matter of great concern to society, deserving attention from the academic and legal community, and due to its relevance, the need for investigation and the development of this study is justified. It was found that, since the creation of the Internal Affairs of the Potiguar state prison system, in 2019, administrative procedures on the subject of corruption have not been instituted, with regard to the servers that work in this space. At the same time, investigations carried out by the Public Ministry of the State of Rio Grande do Norte, through Operation Swiss Cheese, from 2017, and Operation Carteiras, from 2022, resulted in convictions of civil servants of the prison system and lawyers, for corruption linked to the facilitation of crimes committed by criminal organizations in the state, demonstrating its relationship with the Unconstitutional State of Affairs.