UNCONSTITUTIONALITIES OF THE LEGAL FRAMEWORK FOR COMBATING ORGANIZED CRIME IN BRAZIL THROUGH THE LENS OF STF PRECEDENTS

Abstract

The present scientific article analyzes the innovations introduced by Law nº 15358/2026 (Anti-Faction Law), with the objective of identifying possible unconstitutionalities in light of analogous precedents of the Federal Supreme Court. The legal provisions in which possible defects of unconstitutionality are identified will be examined, with the proper explanation of the grounds for this consideration, with the corresponding comparison to the leading precedents of the Supreme Court. Initially, the alleged unconstitutionality of the change in the jurisdiction of the Jury Court for homicides connected to the crimes of the Anti-Faction Law is addressed. Subsequently, the rule of preventive detention ex lege is analyzed, likewise from the perspective of its compatibility with the Constitution. One chapter is devoted to examining the concentrated constitutional review actions pending before the Brazilian Federal Supreme Court (STF) on the subject. At the end, a brief conclusion will be presented, accompanied by a summary of the considerations developed throughout the article, in order to demonstrate to what extent the legislative changes may constitute a violation of the constitutional order. With regard to methodology, the research is qualitative and descriptive-analytical, using the deductive method. Through bibliographic, documentary, and case-law research, it identifies precedents of the Federal Supreme Court, extracts their ratio decidendi,and compares it with the provisions of Law nº 15,358/2026.