Relativização de direitos fundamentais: uma abordagem a lume da necessidade da adoção de um tratamento constitucional penal diferenciado face à expansão desenfreada da criminalidade organizada

Abstract

Due to the complexity and multifaceted nature of organized crime, the traditional criminal treatment meted out to the repression of individual crime is harmless to your treatment. In this context it appears that the common thread of this article, which is the focus of relativization of some of the fundamental constitutional rights in order to facilitate the containment of organized crime, and consequently, social peace. The relevance of the problems to be exposed occurs because of the lack of rights that can be conceived as absolute or unlimited. The fundamental rights enjoyed by a certain relativity because of the need to protect other fundamental rights. And it is precisely this scenario embraced by the relativization of certain rights which seeks to confer effectiveness to the penal system, making it fit for the dismantling of increasingly challenging organized crime structure.