PROPOSAL TO CRIMINALIZE TERRITORIAL DOMINION: AN ANALYSIS OF THE CRIMINAL FUNCTION AND IMPACTS OF BILL 5.582/2025 IN THE AMAZON

Abstract

This paper analyzes the legal and theoretical foundations of the proposal to criminalize “structured social domain” established by Bill (PL) No. 5,582/2025, focusing on its impacts on the state of Amazonas. It begins with an analysis of the concept of “criminal governance,” in which criminal organizations transcend common delinquency to exercise sovereignty and territorial control in vacuums of state power. It then addresses the empirical diagnosis presented by “Cartographies of Violence in the Amazon 2025,” which points to the expansion of factions in 44.6% of the region's municipalities, showing some evidence of the presence of these groups, occupying strategic river routes and urban centers such as Manaus. The research, which is qualitative, exploratory, and descriptive in nature, uses bibliographic and documentary research techniques, examining milestones such as the 1988 Federal Constitution, PL 5.582/2025, and the work of the Brazilian Forum on Public Security. It concludes that this qualified repression must be harmonized with fundamental rights, ensuring that the state's response to organized crime is firm and constitutionally legitimate. The contribution of this work lies in demonstrating that the restoration of the state's monopoly on force in the vast Amazonian territory depends on a legislative shift from punishing individuals to legitimately preventing the activities of criminal groups.