The new legislation that aims to combat organized crime in Brazil, drawn up through the PL Antifactionwas sanctioned and published in Official Gazette of the Union this Tuesday (24).
Among the measures contained in the text of Law No. 15,358, there is a point that seeks to combat parallel economy and the financial influence of criminal organizations in everyday activities through a multidimensional perspective.
from to exploitation of basic services to the movement of digital assets and the maintenance of shell companies, the new legislation establishes penalties ranging from 20 to 40 years in prison.
Combating illicit control of economic activities
The legislation characterizes as a structured social crime the imposition, through violence or significant threat, of control over the carrying out of any economic, commercial or public and community service activity.
Until then, the had never designed and established a legal device that classified, for example, the exploitation of services in areas dominated by militiaswho are regularly responsible for imposing — especially in communities where the power of the state is null — a kind of parallel economy.
The law still increases penalties when the crime aims to obtain economic advantage through illegal extraction of mineral resources or unauthorized exploitation of forests and conservation lands.
O new provision of the law seeks to punish criminal organizations that impose dominance over economic sectors which, at their root, are legal, such as internet distribution, access to cable TV and operations at gas stations.
Financial strangulation
A megaoperation called “Hidden Carbon”, triggered in several Brazilian states, such as São Paulo, Rio de Janeiro and Mato Grosso, dismantled a in the fuel sector with the participation of PCC (First Command of the Capital).
In addition to the adulterated fuels, the discovery revealed more than the infiltration of criminal factions in the Brazilian oil and gas market. The action showed several financial actors involved in illicit activity.
Based on the new legislation, the courts may order the blocking and unavailability of assets that include digital or virtual assets belonging to those being investigated, in addition to prohibiting operations in crypto asset brokers.
The National Database of Criminal Organizations is also established to identify and register not only members, but also of organizations and their operational and financial ramifications.
