Banca de QUALIFICAÇÃO: LEANDRO DA COSTA GANDOLFO

REPAIRABILITY OF “STATE TRUST” AS AN INSTRUMENT TO FIGHT CRIME

State Fiduciary Duty. Breach. Civil Liability. Organized Crime. Criminal Organization.

There are certain crimes that, by their own nature, or by the way they are executed, that put at stake the reliability that society places in the state, also called state fiduciarity. This essay sets the premise that it is a precious intangible legal asset that can and should be repaired, among other reasons, to confront the activities of Organized Crime and Criminal Organizations – ORCRIM, through financial constraint. The meaning of this research is to outline a recommendation to the Public Prosecutor's Office that brings the guidelines of such action. A survey was conducted on the breach of "State Fiduciarity" and its consequences, as well as the current legal treatment in Brazil. The method employed in the work is hypothetical-deductive and a qualitative approach was used in the handling of the data collected. In the Research Report the techniques of bibliographical and documental research were used, as well as operational concepts and categorization. It was inferred that since the edition of Law 12.850/13, in state, federal and superior courts, out of the 42,428 (forty-two thousand, four hundred and twenty-eight) convictions of Organized Crime and ORCRIM, thirteen cases - little more than 0.03% of the cases - resulted in compensation to the public treasury, through the Institute of Civil Liability, which shows the demand for further studies on the subject.