There were 370 votes in favor and 110 against; The project goes to the Senate, where it will be reported by Alessandro Vieira
The Chamber of Deputies this Tuesday (18.Nov.2025) , which toughens penalties against criminal organizations and creates the Legal Framework for Combating Organized Crime. The score was 370 votes in favor, 110 against and 3 abstentions.
Now, the project goes to the Senate, where it will be reported by the senator (MDB-SE).
Read how each deputy voted (or click to open in another window):
UNDERSTAND
The approval is a victory for the president of the Chamber, (Republicanos-PB), and the rapporteur, (PP-SP). Even without an agreement with the government (PT), Motta continued to vote on the proposal.
After 6 versions and criticisms of the Planalto, the approved text remained the main point of conflict between Derrite, the Executive and the PF (Federal Police). The corporation and Planalto were against the section that the rapporteur included, dividing the resources from seized assets in actions against organized crime.
According to the proposal, the division of values will be as follows:
- if the investigation is by the State police – the money goes to the state Public Security Fund;
- if the investigation is by the Federal Police – the money goes to the National Public Security Fund;
- if it is a joint operation PF + state/district police – the amount is divided: 50% for the national fund and 50% for the state (or DF) fund.
In the previous version, Derrite had defined that the PF’s share would go to Funapol (Fund for the Equipment and Operationalization of the Federal Police’s core activities) – an internal fund of the PF itself – but he backed down and will now go to the National Public Security Fund.
The government and the PF, however, still see problems in the text because they wanted all the money from seized assets to remain in federal funds only, as the current law on the National Public Security Fund already provides.
FEATHERS
The sentence determined in the project is 20 to 40 years. Crimes are not subject to amnesty, grace, pardon or conditional release. Bail is prohibited.
The sentences are increased by up to ⅔ if the agent exercises command, finances the crime, uses restricted weapons or commits violence against authorities and vulnerable people.
Another point is that leaders and faction leaders convicted or in custody will necessarily serve their sentence in maximum security federal prisons.
CRIMINAL ORGANIZATIONS
The project also redefines the concept of criminal faction and creates the figure of the so-called “ultraviolent criminal organization”.
According to the text, this type of group is formed by 3 or more people who use violence, serious threats or coercion to dominate territories, impose social control, intimidate populations or authorities and attack essential services or structures.
Another point changed by the rapporteur was the rule for blocking assets linked to factions. In the previous version, confiscation could only occur after the final judgment, that is, only when the conviction was definitively ended. Now, the opinion withdraws from this requirement and allows the blockade to be carried out during the investigation phase.
Under the new text, the Court may order the preventive seizure of assets whenever there is a concrete risk that the assets will be hidden, transferred or dissipated, as long as the defense does not prove the lawful origin of the values.
The change aims to accelerate the financial suffocation of factions and prevent money from disappearing before the process is completed. It was one of the main points for the Executive.
