Members of the Ministry of Justice assessed that the latest version of the Anti-Faction bill, presented by federal deputy Guilherme Derrite (PP-SP), continues to be “unconstitutional” and an “undue interference” in the autonomy of the Federal Police. They are considering appealing to the Federal Supreme Court if the proposal maintains the article that allows the PF to investigate organized crime, as long as there is prior communication to the States or a formal request from the Civil Police or Public Ministry.
“Undoubtedly [sobre ir ao Supremo]. We do not give up on the autonomy of the Federal Police. It’s strange that you have a text like that a few weeks after Operation Hidden Carbon. This will affect ongoing investigations”, stated the department’s National Secretary for Legislative Affairs, Marivaldo Pereira, referring to the investigations that discovered the infiltration of the Primeiro Comando da Capital (PCC) in the financial market and the fuel sector.
“The problem has not been resolved. The text still obliges the Federal Police to notify the local police. This is very serious and continues to be a gift for organized crime”, added Pereira.
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One of the main creators of the Anti-Faction Project, the national secretary of Public Security, Mário Sarrubbo, also stated that Derrite’s project remains “unconstitutional” as it interferes with article 144 of the Constitution, which defines the prerogative of each police force.
“An ordinary law cannot change article 144 of the Constitution. This reverses and makes federal cooperation unfeasible,” he said. For Sarrubbo, the project as it stands could create obstacles for the PF to investigate state agents involved with organized crime and militias.
Derrite’s previous text determined the “joint or coordinated” action of the Federal Police “upon provocation by the State governor” – which was strongly criticized by the Federal Police and the Ministry of Justice.
Faced with the negative repercussion, Derrite changed the text and announced a new version in the early hours of this Tuesday. He, however, kept crimes committed by factions in the Anti-Terrorism Law.
For members of the Ministry of Justice, this puts national sovereignty at risk and opens the door to external interference and sanctions. Derrite refuted this criticism, saying that the text does not classify the factions as terrorist organizations, but equates their conduct.
“Equating various crimes with heinous crimes ended up transforming them into heinous crimes. In the view of other countries and international bodies, the equation turns into terrorism. They will not make this distinction”, stated Sarrubbo.
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Secretary of Public Security in the government of Tarcísio de Freitas (Republicans) in São Paulo, Derrite took leave from the position and returned to the Chamber to be the rapporteur of the text sent by the federal government to Congress. The choice made by the President of the House, Hugo Motta (Republicanos-PB), provoked opposition from President Luiz Inácio Lula da Silva and members of the Ministry of Justice.
