Understand the anti-faction project signed by Lula

PL creates mechanisms that increase the power of the State and police forces to investigate and financially stifle criminal groups

ALAOR FILHO/ESTADÃO CONTENT
Brazil, Rio de Janeiro, RJ. 06/07/2005. People pass by a wall spray-painted with the initials of Comando Vermelho and shot through, one day after a shootout between police and drug traffickers on Cantagalo Hill, in Ipanema, in the south zone of Rio de Janeiro. The shooting, which began around 10:30 pm, caused panic among residents and bargoers in the vicinity of Praça General Osório. Cars and apartments were hit and restaurants closed their doors.

The president (PT) signed an anti-faction project this Friday (31). The document was sent to the National Congress and, according to the president of the Chamber, (Republicans-PB), must have priority. The measure, a move by the Ministry of Justice to try to stifle organized crime, aims to defeat organized crime with the joint effort of all spheres of power.

The project creates mechanisms that increase the power of the State and police forces to investigate and financially stifle factions, and guarantees instruments that shield public bodies from the actions of members of this type of criminal organizations. The Bill has some central axes that will be discussed, namely:

Penalty increase: The project foresees increasing the maximum sentence, which is currently 8, to 20 years. In the event of violence, as occurred in the mega-operation in Rio de Janeiro, the sentence can reach 30 years in prison.

Agent infiltration: in criminal organizations: it aims to facilitate the entry of police and collaborators into the factions in order to carry out an investigation into the internal structure.

Ideological falsification protected by law: Public bodies create ‘fictitious identities’ (with name, affiliation, etc.) for undercover agents and they remain confidential for at least 4 years after the end of the operation, with the aim of guaranteeing the police officer’s safety.

Creation of fictitious companies: It allows public authorities to create shell companies to pretend to be part of the criminal scheme, with the aim of disrupting the money laundering network. If there is evidence that the company being investigated is being used by a faction, the judge may order a ‘judicial intervention’, which will allow the appointment of an external manager to take over the management of the business.

Financial suffocation: At the time of intervention, the judge will order the immediate blocking of all financial and corporate operations of the company, in addition to the suspension of contracts it has with public authorities.

As it is an ordinary bill, there are chances that the text will reach the Chamber of Deputies and be approved urgently to be voted directly in the plenary, without going through committees, which could lead to approval in November. The security PEC should only have its opinion presented on December 4th, with a vote to follow.

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