The vote on the PL Antifaction in the Senate, scheduled for this Wednesday (3), was pushed to December 10 after the rapporteur, senator Alessandro Vieira (MDB-SE), promoted changes to the text approved by the Chamber of Deputies.
The senator presented a more robust and politically sensitive opinion, rekindling disputes within the Constitution and Justice Commission (CCJ) itself.
The decision to postpone the analysis was taken after party leaders admitted that there was no environment to vote on the text amid the last-minute changes.
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The new report expanded criminal types, adjusted provisions considered unconstitutional and paved the way for the creation of an unprecedented portion of the National Public Security Fund, financed by Cide-Bets. This source alone can generate up to R$30 billion per year, according to estimates cited by the Central Bank.
The opinion also defined that members of factions and militias convicted or preventively imprisoned for crimes with signs of individual or collective command serve sentences exclusively in federal prisons, in addition to providing a sentence of 15 to 30 years for those who promote or join factions, with aggravation for leaders, a framework that can increase the punishment to up to 120 years.
The changes did not go unnoticed. Government and opposition members assessed that the new design would require more negotiation time. The Executive has acted to avoid conflicts with existing legislation, especially with the Criminal Organizations Law, and has resisted the creation of devices that could reduce resources allocated to federal security agencies.
Vieira adjusted some of these criticisms by removing sections about prison benefits, prisoner voting and the trial of homicides by collegial courts.
With another week for adjustments, the Senate will try to build a minimum agreement before the text returns to the agenda. The challenge will be to balance the pressure for more severe punishments with constitutional limitations and the fear of immediate judicialization if provisions considered excessive remain in the report.
