Federal deputy Guilherme Derrite (PP-SP), licensed secretary of Public Security in São Paulo, changed his PL Antifaction report to expand the role of the PF (Federal Police) in investigations involving criminal organizations.
The change in the text, to which the CNN was accessed this Monday (10), .
The new wording guarantees that the PF, “in a cooperative manner” with the state police, participates in investigations of criminal organizations, paramilitaries or civil militias, whenever the facts investigated involve matters within its constitutional or legal competence.
“This preserves the prerogatives already guaranteed in national legislation and promotes the interinstitutional cooperative integration that is expected in crimes of this complexity”, says the text.
According to Derrite, “after presenting the first opinion, I received several suggestions from parliamentarians, magistrates, members of the Public Ministry, lawyers and security agents, who are aware of the difficulties and real problems of public security”.
He also said that he listened “carefully, in the name of the relevance of the agenda, which is non-partisan, and the democratic process, which I have always defended”.
The retreat, however, was considered insufficient by members of the Ministry of Justice and the PF interviewed by the CNN.
In the opinion sent last Friday (7), Derrite suggested that the PF could only act in investigations against factions if there was an explicit request from state governments.
Check the changes:
- Inclusion of art. 23-B to Law No. 12,850, of August 2, 2013, so that the provisions of articles 2º-C, 2º-D, 2º-E and 2º-F of Law No. 13,260, of March 16, 2016, are applied to all investigation, prosecution and trial of all crimes that are investigated under the auspices of the Criminal Organizations Law;
- Insertion of art. 2º-B (renumbering the others) for the creation of a typical autonomous figure for those who commit acts of art. 2-A, but which do not form part of a criminal, paramilitary or private militia organization, given that it is often too complex to prove that the offender is part of a criminal organization;
- Creation, in addition to the National Bank of members of criminal organizations, of state banks with the same purpose, which must function in an interoperable manner with the National Bank and other state banks, allowing direct exchange of information;
- Express provision that members registered with national or state banks become ineligible;
- Creation of an autonomous chapter in the Criminal Organizations Law to provide for the Autonomous Civil Action for Loss of Assets, yet another measure aimed at financially stifling these deviant groups;
- Amendment of art. 11, of Law No. 12,360/16, to ensure that the Federal Police participates in investigations of criminal organizations, paramilitaries or civil militias, in a cooperative manner with the respective state police, whenever the facts investigated involve matters within its constitutional or legal competence. This preserves the prerogatives already guaranteed in Brazilian legislation and promotes the interinstitutional cooperative integration that is expected in crimes of this complexity.
