Group of confrontation to national organized crime should act within the public prosecutor throughout the Brazilian territory
The Federal Public Prosecution Service instituted this Monday (17.FEV.2025) the Gaeco (National Group on Supporting Organized Crime) to provide specialized support to natural prosecutors throughout the national territory.
The initiative aims to strengthen the action against organized crime, both nationwide and interstate, including intelligence activities and conducting investigations together with the natural prosecutor, through procedures or in partnership with the police.
Gaeco Nacional will act in an integrated manner, through partnerships and information sharing, always respecting the functional independence of natural prosecutors. In collaboration with the regional and local GAECOS of the MPF, the group will seek to intensify the fight against organized crime, ensuring a coordinated and effective performance in combating this problem.
The group must also provide full assistance to the Natural Prosecutor in all cases of its competence, according to the resolution published in the Federal Official Gazette. Here A (PDF – 3 MB).
In addition, the aid may be proactively triggered by the National Gaeco in the identification of priority cases, provided that the natural attorney expressly agrees and the established requirements are met. The authorization of the natural prosecutor also extends to related and continuous processes that fit his assignment.
According to publication in the Federal Official Gazette, the request for assistance between the natural prosecutor and the national GAECO should be justified and evaluated based on the following criteria:
- Crimes against the Democratic Rule of Law;
- Terrorism;
- Serious violations of human rights that require displacement of competence to the federal level, upon incident of jurisdiction (IDC);
- Crimes against public administration committed by criminal organizations with national or interstate repercussions;
- Disseminated performance of criminal organizations throughout the territory, especially those structured as factions, and crimes executed under orders or instructions of prisoners in Federal Penitentiary;
- Crimes committed by criminal organizations against indigenous rights and traditional communities.
- Crimes whose circumstances recommend the constitution of a joint investigation team;
- Criminal infractions of interstate or international repercussion that require uniform repression related to human rights violations;
- Crimes committed by criminal organizations with national or international repercussions, whose confrontation is inserted among the priorities defined by the National Gaeco
When the National Gaeco rejects the request for assistance, the case will be referred to the regional or local Gaeco, which is competent to analyze the possible concession. In other situations, if regional or local Gaeco formally declares that it does not have sufficient human, material or technological resources, the National Gaeco will act in a complementary way to support the natural prosecutor.
In such cases, the natural prosecutor should request assistance from regional or local Gaeco, who should justify the need and submit the request to the National Gaeco for analysis. In any situation, the intervention of the national GAECO presupposes that the investigated crime is under the jurisdiction of the Federal Court, which does not apply to those crimes whose procedural and judgmental jurisdiction belongs to the Superior Court of Justice or the Federal Supreme Court.
The attributions of the National Gaeco include acting directly, in collaboration with the natural prosecutor, at all stages of the investigation, and may also act in the judicial phase. The national GAECO, whenever necessary, should assist in the definition of research lines, production of complex pieces, participation in preparatory meetings and articulation with other organs, internal and external to the Federal Public Prosecution Service.
GAECO should also establish operational articulation and communication with public administration bodies and entities, focusing on investigating, preventing and combating organized crime, to act jointly and collect intelligence information.
The group must also act to insert in the Systems of the Federal Public Prosecution Service (Unique and Systems of SPPEA/PGR) the result of their investigations and operational performance, observing the appropriate precautions and legal parameters, to enable the sharing of data on organizations Criminals with other members of the Federal Prosecutor who request to instruct investigations under their responsibility.
It is also the attribution of the national GAECO to receive reports and intelligence information, from both external and the Federal Prosecutor’s Office itself, including regional or local cathacos, to organize and process this information, with the purpose of supporting in progress in the Federal Prosecutor’s Office related to the fight against organized crime.
The Resolution establishes that the MPF must act in an integrated manner, maintaining coordination with the Secretariat of Expertise, Research and Analysis and the Secretariat of International Cooperation, to obtain the necessary data to combat organized crime.
In addition, the agency should store, protect, classify, manage, process, analyze and spread the information, producing knowledge that will subsidize investigations in progress or future prevention measures.
Finally, the standard provides for the creation and dissemination of protocols that guarantee the test chain of tests, protection and secure sharing of confidential data and information, as well as establishing a bank of models of legal parts for exchange between MPF members , observing the legal or judicial restrictions of confidentiality.
