The Senate Constitution and Justice Commission (CCJ) approved on Wednesday (21) a bill that creates the crime of narcodium-homicide committed in the context of drug trafficking. The text, which also hardens punishments for violence related to the illegal trade of narcotics and softens penalties for “mules”, now goes to the House of Representatives, unless there is appeal for voting in the Senate plenary.
Authored by Senator Jayme Campos (União-MT) and with the rapporteur of Senator Sérgio Moro (Union-PR), the bill amends the current drug law (Law 11.343/2006) and the heinous crimes law to include new criminal typifications and adjustments to the penalty regime.
What is Narcio
The term “narcodium” now defines homicides or bodily injuries to ensure the collection of traffic debts, dispute over territories or continuity of illegal trade, provided that it is intended to ensure economic gains to the activity.
The expected penalty is 20 to 30 years in prison, in addition to a fine of 2,000 to 3,000 fine days. If the crime is committed by association of two or more people, the penalties range from 3 to 10 years – and may reach 30 years in cases with aggravating fans, such as extreme violence or death.
Privileged traffic
The project also promotes adjustments in the so -called privileged trafficking, which includes people without criminal records that carry small amounts of drugs – the so -called “mules”. The proposal inserts in the law the expression “small amount of drugs” to curb the use of benefit by traffickers with large loads.
According to Senator Jayme Campos, the absence of this objective criterion has generated legal uncertainty. “Today, there are cases of penalty reduction for those who carry hundreds of pounds,” he said.
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With the change, the judge may reduce the sentence of one sixth to two thirds, as long as the transport involves little drugs and the defendant has good antecedents.
Violence and coercion in trafficking
Rapporteur Sérgio Moro included in the text a new criminal type of violent coercion in drug trafficking, with 4-10 years. If coercion results in severe bodily injury, the penalty will be 5 to 12 years; if very serious, 7 to 18 years; And if it causes death, the punishment will be 20 to 30 years.
“Narcodium is today one of the most brutal realities in Brazil. We are dealing with armed criminal organizations, with a very high power of intimidation,” Moro said by justifying the amendments.
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Senator Fabiano Contarato (PT-ES) praised the creation of the penal type, but considered that, in many cases, the murder in the context of trafficking is committed with direct intent, and not just as a form of coercion.
Heinous crime
The text also classifies narcodium as a heinous crime, which increases rigor in serving the penalty and restricts legal benefits such as provisional freedom, amnesty and pardon.
According to Campos, Brazil today has about 72 criminal factions linked to trafficking, with estimated revenues of US $ 76 billion per year. “It is a crime with business structure. We need a legal instrument to combat it firmly,” he said.
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Now the bill will be analyzed by the House of Representatives. To enter into force, it must be approved by the deputies and sanctioned by the Presidency of the Republic.
