Prepared by the Ministry of Justice and Public Security, the anti-faction bill is being analyzed by the Civil House and could be sent to Congress by the end of the week, according to interlocutors at Palácio do Planalto.
The text reached the Civil House on Wednesday, after receiving a favorable opinion from the Attorney General’s Office (AGU) the day before. The project is being evaluated by the technical team before being taken for signature by President Luiz Inácio Lula da Silva, a stage that precedes sending to Congress.
Amid the public security crisis following the mega-operation in Rio de Janeiro that left 121 people dead, the government is trying to speed up the processing of the text to take a stand in the fight against violence. On Wednesday night, Lula stated on social media that “we cannot accept that organized crime continues to destroy families, oppress residents and spread drugs and violence throughout the cities.”
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The president of the Chamber, Hugo Motta (Republicanos-PB), stated on Tuesday that the House is ready to give “complete speed” to the anti-faction bill.
— We are waiting. We will speed up the project completely. My fear is that a special commission could delay the process. I’m going to study so that we can do it quickly, with priority — said Motta in plenary.
The Minister of Justice, Ricardo Lewandowski, delivered the text a week ago with items such as increased penalties and the greater possibility of asset confiscation.
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The package announced by Lewandowski includes, for example, the creation of the criminal type of “qualified criminal organization”, which provides for a sentence of up to 15 years in prison and would include drug trafficking factions and militias. Also in the text are the hypothesis of seizure and anticipated loss of assets and the legal provision for infiltrating agents and fictitious companies into the gang structure.
The minister’s interlocutors point out that the current law that defines a criminal organization no longer fits the reality of around 80 factions operating in the country. Therefore, they suggest updating the legislation with the creation of a new criminal figure to combat groups such as Primeiro Comando da Capital (PCC), Comando Vermelho (CV) and militias.
Understand the main points of the project
New crime: Creates a “qualified criminal organization”, with a penalty of 8 to 15 years in prison for groups that try to control territories and economic activities, via “violence and threats”. The objective is to frame factions and militias.
Public servant: The Court may preventively remove public servants who “promote, constitute, finance or integrate” the criminal organization. Convicts are barred from employment with public authorities for up to 14 years.
Harsher penalties: The penalty increases to up to 30 years if there is a homicide in favor of a “qualified criminal organization”. The punishment for simple criminal organizations was also toughened, which can reach 10 years.
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Judicial intervention: The Court may order “judicial intervention” in a company linked to the criminal organization, with the appointment of an external manager. The measure provides for “immediate blocking” of financial, corporate and similar operations.
Sequestration of assets: The Court may order the seizure of assets and valuables of the person being investigated during the investigation or criminal action, even before the final judgment, if there is suspicion that they are the result of the crime.
National database: Establishes a “National Bank of Criminal Organizations”, with the aim of gathering information on those involved in factions. It could be consulted by any public security body.
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Prisoner monitoring: The text provides for the monitoring, with judicial authorization, of conversations and meetings of provisional prisoners and those convicted of being part of a criminal organization, which can take place in the parlor or via virtual means.
Prison transfer: The prison administration gains the right to transfer prisoners to other prisons, immediately informing the judge. This, however, can only be done in the case of imminent risk.
