In the new version, deputy leaves proposes the creation of new legislation: ‘Legal Framework for Combating Organized Crime’
The project rapporteur (PP-SP), presented on Tuesday night (11) the new text – the third – of the Anti-Faction Bill, with proposed changes to the anti-terrorism law and sections that could change the powers of the Federal Police in response to criticism from the President’s government (PT). “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.
In the new report, 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 first version of the project conditioned the “joint or coordinated” action of the Federal Police to a “provocation by the State governor”. In the second, Derrite mitigated this section and subjected the PF’s actions to a “communication to the competent state authorities” or “upon a reasoned request from the state police chief or the state Public Prosecutor’s Office”, a decision that generated criticism from the government and the PF itself, which said that the change “threatens to compromise the initial objective of the proposal, which is to strengthen the fight against crime and improve the fight against criminal organizations. The proposed changes put the public interest at risk, by reducing the Federal Police’s ability to act in a autonomously and efficiently”, highlighted 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”.
