The rapporteur of the anti-faction bill, Guilherme Derrite (PP-SP), removed from the new opinion proposed changes to the anti-terrorism law and sections that could alter the powers of the Federal Police in response to criticism from the government of President Luiz Inácio Lula da Silva. The retreat occurred after criticism from the government.
This text was filed on Tuesday night, 11th. President Hugo Motta (Republicanos-PB), signaled throughout the day that he would respond to the government’s arguments on these two points.
“After broad democratic debate and careful technical analysis, however, I chose to remove the provisions relating to criminal organizations, paramilitaries and private militias from the aforementioned diploma, to establish an autonomous diploma to combat organized armed crime”, explained Derrite regarding the retreat in relation to his previous proposal, which equated criminal organizations with terrorism.
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In the new report presented this Tuesday, 11th, Derrite removed from the text any express provision regarding the competence of the Federal Police.
“The adoption of an autonomous diploma makes any express provision regarding the competence of the Public Ministry, the Federal Police or the state judicial police unnecessary, since, as this is not a crime set out in the Anti-Terrorism Law, the constitutional and legal rules already in force fully prevail”, stated Derrite.
The deputy’s new version stops changing the anti-terrorism law to propose the creation of new legislation: the “Legal Framework for Combating Organized Crime”.
Government officials point out that the original proposal to change the terrorism law could cause economic damage and would make Brazilian sovereignty vulnerable, legitimizing possible interventions by the United States, for example, under the allegation that it would be fighting Brazilian terrorist cells.
The opposition maintains the position that it is necessary to equate criminal organizations with the crime of terrorism.
“If the rapporteur’s decision is to remove the issue of terrorism from his text, we at the PL are interested in the anti-terrorism project”, stated Sóstenes Cavalcante (RJ), leader of the PL in the Chamber, even before the text was filed. “Crime of terrorism requires international intelligence cooperation, which Brazil is lacking to combat organized crime.”
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This Monday, the 10th, the Federal Police released a note expressing concern about the text suggested by Derrite, which, according to the organization, removed the powers of the criminal investigation body.
“The original proposal, forwarded by the Government of Brazil, aims to toughen the fight against crime and strengthen the institutions responsible for combating criminal organizations. However, the text under discussion in Parliament threatens this purpose by introducing structural changes that compromise the public interest”, said the PF.
The deputy’s proposal, points out the PF, would oblige the institution to only enter into investigations at the request of state governments, “which constitutes a real risk of weakening the fight against organized crime”.
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