A resolution signed by the Attorney General of the Republic, to create a Gaeco (Special Action Group to Combat Organized Crime) nationwide must pave the way for a more effective action in cases of corruption, fighting factions such as OE investigations of great repercussion.
The norm should end a discussion of more than ten years, in which it debated different formats for the creation of a national group.
The new Gaeco should investigate cases of, but would leave investigations related to authorities with special forum in the Supreme Court, such as deputies and senators. In such cases, acting will continue to be only of itself.
In addition to cases related to the performance of drug trafficking gangs, they are also cited internally investigations that are federalized and provoke national commotion, such as the murders of and.
Within the PGR, one of the reasons cited for the creation of Gaeco is to prevent the performance of criminal factions lead Brazil to be sanctioned internationally, especially by the Donald Trump government.
The idea is that Gaeco, which does not have its members defined yet, is a reinforcement team for the so -called “natural prosecutor” – the prosecutor responsible for the investigation – in complex, relevant findings or that represent some kind of risk to the prosecutor.
The team will be coordinated by an Deputy Attorney General, who is the last career level of a MPF prosecutor, housed in Brasilia. He will have a one -year term, which can be renewed and reach four years.
Prosecutors from all over the country can request support from the national GAECO and also suggest assistance in investigations that they consider important.
Among the hypotheses in which the group may be called are, according to the resolution, crimes against the Democratic Rule of Law, terrorism, crimes against public administration, private militias and indigenous crimes.
The performance will be, above all, about “diffuse action of criminal organization through the national territory, notably in the case of organized groups in the form of criminal factions, and crimes committed from orders, instructions or communications arrested on prisoners in custody in Federal Penitentiary”.
In the end, Gaeco acts as a kind of task force, but definitively. In the task force model, prosecutors were assigned to act in specific cases, and then these groups were undone. Gaeco is a permanent organ.
The task force model was eventually discontinued during the management of, which he considered.
In addition, Aras took advantage of the argument to dismantle the structures that played investigations from, which was the target of various criticism of the then Attorney General.
From this, the Federal Prosecutor’s Office began to institute cattle ranks in the states and already have teams in most units of the Federation.
However, from the outset the model suffers from complaints of lack of structure and appropriate conditions for the work of prosecutors. Some federal cattle ranks in the states are not even a group – they count on just one member in regional in Acre, Piauí and Tocantins.
The concern of members of these MPF’s catalks is that, with the creation of the national group, state teams are even more corner and do not have their claims of improvement of structure served.
During Aras Management, there was also the attempt to create a national group called UNAC (National Unit to Combat Corruption), which ended up not going forward.
During this period, suggestions of heads of the extinct task forces were collected in Paraná, Rio and São Paulo, and Greenfield in the Federal District.
Although the resolution establishing Gaeco is valid, there has been no Gonet decision on who will be the team coordinator. It will be up to the Attorney General to choose this person, who will be approved by the Superior Council of the Federal Public Prosecution Service.
The PGR may dismiss this coordinator, also by vote on the board.
The other members will be chosen after the opening of a notice that will call interested parties to the post. Among the criteria of choice will be the experience in facing organized crime and “theoretical, practical knowledge and capacity for teamwork”.
