O ATIVISMO JUDICIAL NA FASE INSTRUTÓRIA: A INICIATIVA PROBATÓRIA DO JUIZ NO JULGAMENTO DO CRIME ORGANIZADO

Abstract

The phenomenon of organized crime is a major problem in the current Brazilian scenario, causing incalculable material damages to a number of victims impossible to be measured. The present study seeks to understand some of the complexity of organized crime, differentiating it from individual criminality by identifying its main purposes and characteristics. From this, we aim to understand what difficulties are encountered within the scope of its judgment, especially in relation to the production of proofs of authorship and delinquent materiality. It is also hoped to analyze the criminal procedural tutelage by the Brazilian legislator, starting from the study of the criminal procedural systems and focusing on the various legal limitations of the judge, trying to understand the principles that govern the process. Finally, it is sought to discuss the phenomenon of judicial activism, especially in the process phase of the process, showing its bases and opposing and favorable arguments about it. Based on this, it is sought to assess to what extent, in view of the peculiarities of organized crime, the pro forma ex officio initiative is admitted by the judge during the investigation phase.