This Tuesday, the Chamber of Deputies approved a project by senator Sergio Moro (União Brasil-PR) that makes planning and ordering attacks against public agents a crime, toughens legislation on organized crime and expands the protection network for authorities and civil servants who work to combat factions. The text, already approved by the Senate, now goes to presidential approval.
The vote was not scheduled in advance and caught some parliamentarians by surprise, mainly government members who complained that it was necessary to discuss the Security PEC.
The proposal was presented in March 2023, shortly after the Federal Police revealed a criminal faction’s plan to assassinate authorities, including himself, a former judge of Operation Lava-Jato and former Minister of Justice. The senator stated that he prepared the project “as a legal response to organized crime”, amid the escalation of threats against magistrates, prosecutors and police officers.
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The text creates two new types of criminal offenses: obstruction of actions against organized crime and conspiracy to obstruct actions against organized crime. In both cases, the penalties range from four to twelve years in prison, in addition to a fine.
Under the new rules, anyone who orders, promises or offers an advantage for someone to commit violence or serious threats against a judge, prosecutor, police officer, lawyer, juror, witness or expert may be punished, even if the attack does not materialize. The same goes for anyone who conspires with other people to commit this type of crime.
The project also determines that those convicted or investigated for these conducts must begin serving their sentences or provisional imprisonment in maximum security federal prisons, in an attempt to avoid communication with criminal organizations.
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Another point of the proposal expands the possibility of personal protection for retired authorities and family members of judges, prosecutors and police officers at risk. The text obliges the police to assess the need for security measures and extends the scope of this protection to civil servants and military personnel who work in border areas, considered more vulnerable to the actions of factions.
