Between Crime and War: The Debate on Enemy Criminal Law in Brazil

Public security in Brazil has reached a point of saturation where conventional measures seem insufficient in the face of the power of criminal organizations. In the video in question, the debate gains a new layer of urgency with the proposal to reclassify factions such as Comando Vermelho and PCC not only as criminal groups, but as terrorist organizations and, in a profound metaphorical and legal sense, as a "foreign invasion."

The Concept of Terrorist Organization

The central proposal discussed is the obligation of the Brazilian government to consider criminal factions as terrorist organizations. Currently, Brazilian legislation on terrorism is restricted and specific. By transposing this classification to organized crime, the aim is not only to increase penalties, but to radically change the way the State mobilizes resources and intelligence to confront them. It is about recognizing that these organizations seek not only illicit profit, but social control and the destabilization of institutions, characteristics intrinsic to terrorism.

Enemy Criminal Law: A Necessary Rupture?

One of the most controversial points of the discourse is the application of "Enemy Criminal Law" (a theory by jurist Günther Jakobs). The premise is that anyone who permanently distances themselves from the legal order, joining parallel armies with their own laws and courts, renounces their status as a citizen.

According to this logic, the gang member would not be someone who committed an error susceptible to resocialization, but an individual who acts against the very existence of the State. By removing the fundamental guarantees of those who have "declared war" on society, the proposal suggests that the State should treat the gang member as an enemy combatant, and not as a common defendant in a traditional criminal trial.

The Parallel State as a Foreign Invasion

The metaphor of "foreign invasion" used in the video serves to illustrate the loss of territorial sovereignty. When a faction possesses its own statutes, anthem, delimited territory, and a "crime tribunal" that replaces the Judiciary, it operates as a hostile nation within national borders.

The criticism presented reinforces that Brazil faces an organized and funded army that challenges the State's monopoly on force. Treating this reality with the common tools of criminal law is seen as dangerous naiveté. The need for an institutional "declaration of war" reflects the yearning for a response commensurate with the threat.

Legislative Inaction and the Economic Scenario

The video also directs strong criticism at the Chamber of Deputies and the Executive Branch. The message is clear: the debate on security cannot be dissociated from the country's fiscal and political reality. With a budget heading towards collapse and mandatory spending that could exceed 100% in 2027, the State's capacity to invest in security and accept international aid becomes vital.

Criticism of the current government focuses on its hesitation to accept external collaboration and its lack of priority for legislative measures that would toughen the fight against criminal factions. Without structural reform in how organized crime is classified and combated, the State risks continuing to lose territory and lives to this "foreign nation" that grows in the shadows of the peripheries and prisons.

Conclusion

Jaguardopote's video raises uncomfortable but fundamental questions for the future of Brazilian democracy. The choice between maintaining the current model or adopting exceptional measures for exceptional cases will define the level of security for future generations. The debate about Enemy Criminal Law and the classification of factions as terrorists is, ultimately, a debate about how far the State can go to guarantee its own survival and the protection of its law-abiding citizens.