The rapporteur of the project that creates the Legal Framework for Combating Organized Crime, deputy Guilherme Derrite (PP-SP), defended that criminal factions are not conceptually classified as terrorist organizations, but that their armed practices and territorial control receive criminal treatment equivalent to terrorism, with sentences of 20 to 40 years.
Derrite is Secretary of Security for the state of São Paulo and took leave from his position to resume his mandate in the Chamber to vote on projects to combat organized crime.
The substitute presented by Derrite changes the Anti-Terrorism Law to include conduct typical of factions, militias and paramilitary groups — such as attacks on security forces, blocking roads, sabotage of public services and territorial control — in the list of crimes equated to terrorism.
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According to the deputy, the Criminal Organizations Law will continue as a general rule for structure and investigation, while the Anti-Terrorism Law now covers conduct of a “warlike nature and subversive of public order”.
In the report, the parliamentarian highlights that “it is not a question of classifying criminal organizations, paramilitaries or private militias as ‘terrorist organizations’ in the strictest sense, but of recognizing that certain practices committed by these structures produce social and political effects equivalent to acts of terrorism, therefore justifying equal criminal treatment in terms of severity and legal consequences”.
The substitute also provides for the so-called “loss of assets” even in the investigative phase, allowing judges to determine blocking, kidnapping and unavailability of physical, digital and financial assets before members of criminal organizations “squander criminal assets”.
The text also authorizes police infiltration of criminal organizations, including the creation of fictitious identities and simulated legal entities for covert operations. The measure, provided for in the Criminal Organizations Law, now allows agents to act under secrecy, with legal protection and judicial control, and, in exceptional cases, allows infiltration by award-winning collaborators.
Earlier, Derrite had already shared the main points of his report on social media, such as:
- Provision for a sentence of 20 to 40 years for conduct committed by members of criminal organizations, such as domination of cities, new cangaço, attacks on armored vehicles, installation of barricades, attacks on prisons, among others.
- Mandatory sentence in maximum security prison for leaders of criminal organizations;
- For these crimes, prohibiting the granting of amnesty, grace, pardon, parole and cutting prison aid for the criminal’s dependents;
- Increase in regime progression from the 40% predicted today to 70% to 85% (if the prisoner is a repeat offender resulting in death).
