Mega-Operation Against the Red Command: Legal Implications and the Fight Against Organized Crime

Large-scale operation targets the Red Command, raising discussions about state power, rights, and the future of public security in Brazil.

The Mega-Police Operation Against the Red Command: A Legal Perspective on Combating Organized Crime

The recent mega-police operation launched against the Red Command (Comando Vermelho - CV) has resonated throughout the country, exposing the complexity and brutality of organized crime in Brazil, as well as the challenges faced by security forces and the judicial system. Such large-scale actions, involving a vast police and intelligence apparatus, are not mere shows of force, but rather articulated responses by the State to try to dismantle criminal structures that threaten public order, citizen safety, and the Democratic Rule of Law itself. From a legal standpoint, an operation of this magnitude raises a series of crucial debates about fundamental rights, limits of police action, legality of evidence, and the effectiveness of policies to combat organized crime.

The Red Command and the Dynamics of Organized Crime in Brazil

To understand the relevance of the mega-operation, it is essential to contextualize the Red Command. Founded in the 1970s in Rio de Janeiro prisons, the CV is one of the oldest and most influential criminal factions in Brazil. Its activities have expanded beyond prison walls, controlling drug and arms trafficking, extortion, robberies, and other crimes in various regions of the country, and even having international connections. The faction is characterized by a hierarchical structure, its own codes, and a violent capacity for intimidation and confrontation with authorities. The dynamics of organized crime, as practiced by the CV, represent a constant challenge for the State, which needs to mobilize complex resources and strategies to confront it.

The Legal Basis of Mega-Police Operations

Mega-operations like the one targeting the Red Command are based on a rigorous legal process, which aims to ensure compliance with the Federal Constitution and infra-constitutional laws. The legal steps involved include:

1. Preliminary Investigation: The operation usually begins with long periods of investigation, conducted by the judicial police (Civil or Federal), the Public Prosecutor's Office, and intelligence agencies. During this phase, evidence is collected, communications are monitored, and members of the criminal organization are identified. Law No. 12,850/2013, which defines criminal organizations and provides for criminal investigation, means of obtaining evidence, related criminal offenses, and criminal procedure, serves as the basis for action.

2. Judicial Authorization: Invasive measures such as wiretaps, banking and fiscal secrecy breaches, search and seizure warrants, and arrests depend on prior judicial authorization. The Public Prosecutor's Office acts as the guardian of the law and the holder of the criminal action, requesting these measures from the Judiciary. The Federal Constitution, in its Article 5, establishes the inviolability of intimacy, private life, and domicile, with exceptions for judicial determination.

3. Arrest and Search and Seizure Warrants: Once authorizations are granted, arrest warrants (temporary or preventive) and search and seizure warrants are issued. The execution of these warrants is the most visible phase of the operation, where police forces act directly to comply with judicial orders, capture targets, and collect evidence.

4. Custody Hearing: After an arrest in flagrante delicto or the fulfillment of a warrant, detainees must be presented to a judge within 24 hours in a custody hearing. At this point, the judge verifies the legality of the arrest, the occurrence of torture or ill-treatment, and decides whether to maintain the arrest or grant alternative precautionary measures.

Fundamental Rights and the Limits of Police Action

It is undeniable that combating organized crime is a social necessity. However, the State, even in its most vigorous actions, must always respect the fundamental rights of citizens, as advocated by the Constitution.

1. Presumption of Innocence: Every individual is presumed innocent until a final criminal conviction. This means that, even when targeted by an operation, the individual has the right to be treated with dignity and to have their due legal process guaranteed.

2. Right to Ample Defense and Adversarial System: The accused have the right to be assisted by a lawyer, to produce evidence in their favor, and to challenge the accusations made against them. Violation of these rights can invalidate the process.

3. Inviolability of Domicile: According to Art. 5, XI, of the CF, "the home is an inviolable asylum of the individual, no one being able to penetrate it without the consent of the resident, except in case of flagrant crime or disaster, or to render aid, or, during the day, by judicial determination." The execution of search and seizure warrants must strictly follow this premise.

4. Use of Force: Police forces are authorized to use force when strictly necessary and proportionately. Excessive or indiscriminate use of force, torture, and ill-treatment are crimes and violate human rights, subjecting public agents to accountability.

The complexity of these operations lies precisely in the balance between the effectiveness of combating crime and guaranteeing these rights. Any deviation can lead to the nullity of evidence, the release of criminals, and the delegitimization of state action.

The Challenge of Evidence and the Organized Crime Law (Law No. 12,850/2013)

Obtaining robust evidence is one of the biggest challenges in combating criminal organizations like the Red Command. Law No. 12,850/2013 brought significant advances, providing for means of obtaining evidence such as:

• Plea Bargaining (Colaboração Premiada): Agreements with members of the organization who, in exchange for benefits, provide crucial information for the dismantling of the group.

• Environmental Capturing (Captação Ambiental): Recording conversations in various environments with judicial authorization.

• Controlled Action (Ação Controlada): Delaying police intervention so that the action can develop and be monitored for further evidence collection.

• Undercover Agents (Infiltração de Agentes): Police officers who infiltrate the criminal organization to obtain information and evidence.

These means, while effective, are surrounded by legal safeguards to prevent abuses and ensure the legality of the evidence. Evidence obtained by illicit means is inadmissible in criminal proceedings, as per Art. 5, LVI, of the Constitution.

Social Impacts and the Future of Public Security

In addition to direct legal implications, mega-operations like this have profound social impacts:

• Sense of Security vs. Distrust: For a portion of the population, these operations bring a sense of security and the hope that crime will be combated. For others, especially in more vulnerable communities historically marked by police violence, it can generate distrust and fear.

• Temporary Disruption: While they can temporarily disrupt criminal activities and arrest leaders, experience shows that organized crime has a great capacity to reorganize and adapt.

• Need for Comprehensive Public Policies: Combating organized crime is not limited to police action. It requires integrated public policies that address the causes of criminality, such as social inequality, lack of education and opportunities, and corruption.

• Debate on Drug Legalization: Operations focused on drug trafficking frequently reignite the debate about the legalization and regulation of certain substances as a strategy to undermine the financial power of factions.

Conclusion: A Necessary Balance for Order and Justice

The mega-police operation against the Red Command is an event that underscores the complexity of the public security scenario in Brazil. It demonstrates the State's determination to combat organized crime, but also emphasizes the urgent need for this action to be guided by the principles of the Democratic Rule of Law and respect for human rights.

The Brazilian legal system offers the necessary instruments for this fight, but its application requires rigor, ethics, and constant vigilance. Ensuring the legality of procedures, the validity of evidence, and respect for individual guarantees is not an obstacle to justice, but rather a fundamental pillar for justice to be truly achieved. The future of public security and the fight against organized crime will depend on a sensible balance between the power of the State and the inalienable commitment to the rights and guarantees of all citizens.

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