The classification of (Primeiro Comando da Capital) and CV (Comando Vermelho) as terrorist organizations, requested by senator (-RJ) a, was discussed at the end of last year and did not succeed.
At the time, the now PL presidential candidate was not in the plenary and did not defend the measure — unlike other Bolsonarian senators, who voted in favor and spoke about the importance of framing the factions.
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The designation is considered strategic by Flávio’s allies to wear down (PT) in the election. The Executive’s understanding is that this labeling by the US could give rise to American intervention in Brazilian territory, in addition to unilateral measures from the White House.
When the framing of the factions depended on a decision by Congress and not by Trump, Flávio did not show the same commitment. The discussion was part of the call last November and deliberated on the following month.
In the Senate, the majority followed the position of the rapporteur, Alessandro Vieira (MDB-SE), who follows the same line as the Lula government, that is, avoiding external interference. “Why do the American Army, the Brazilian Army and constitutional courts around the world care about [definir o que é ]? Because the consequences are serious. And they are not serious for the criminal, for the terrorist, they are serious for the country that has terrorist organizations within it”, he said.
In the Chamber, he was an ally of Flávio, federal deputy Guilherme Derrite (PP-SP), pre-candidate for the Senate, who, giving in to pressure from the center and government supporters.
Rapporteur of the project in the Chamber, sent to Congress by the Lula government. The original version did not address the equivalence, which was included and later removed by the deputy.
In February, Derrite told Sheet which was in favor of equality, but there was a discussion about sovereignty and constitutionality, which could overturn the law. “Between what I think and what could be approved, I preferred to hand over the legislation.”
In the Senate, voting had two stages. First, the senators deliberated on the main text of the matter, which did not contain the equation of factions with terrorism. O, with 64 yes votes, including Flávio’s.
The plenary then decided separately on just this issue, by voting on an amendment proposed by senator Eduardo Girão (Novo-CE) proposing that “armed criminal factions, militias and ultra-violent organizations receive legal treatment equivalent to that given to terrorism crimes”. The amendment had the support of the PL bench.
The vote was symbolic, without counting the individual vote of each senator. Senators opposed to the amendment should not speak, and the section was rejected. At that moment, some senators protested and made a point of declaring a favorable vote, even though this did not change the result.
This was the case of Girão, Carlos Portinho (PL-RJ), Jorge Seif (PL-SC), Sergio Moro (PL-PR), Wellington Fagundes (PL-MT) and Damares Alves (Republicanos-DF), but not Flávio, who was not in the plenary and had his vote considered as contrary to the amendment, as did the majority.
During the session, Flávio did not speak in favor of PL Antifaction or the equation of factions with terrorism, although the debate was intense.
Questioned by the report, the senator stated that he participated in the session remotely and that, therefore, he did not speak nor had his vote in favor of the amendment recorded. At the beginning of the session, however, Flávio was in the plenary.
He added that his position will be “zero tolerance” towards criminal organizations. “Flávio even set a deadline: either they surrender from January onwards or they leave the country. Anyone who insists on maintaining their criminal activities will be arrested or neutralized,” said the press office, in a statement.
He also said that a government maneuver turned the vote into a symbolic one “and there was no time for the parliamentarian to return to the plenary”.
The classification of PCC and CV as terrorists was defended in speeches by senators Girão, Portinho, Seif and Damares. The government supporters Teresa Leitão (PT-PE) and Randolfe Rodrigues (PT-AP) were against it, as well as rapporteur Alessandro Vieira.
Girão stated that the factions are already linked to international terrorism through arms and drug trafficking. “Both criminal organizations and terrorists use the fear system as a political and territorial tool,” said Seif.
Randolfe, leader of the government in Congress, stated that “you cannot combat criminal organizations with labels, giving names; you combat criminal organizations with effective action.”
Vieira used arguments similar to those of the Lula government to reject the equivalence — the fear that there would be an opening for foreign intervention. Furthermore, the rapporteur stated that the project already gave criminal organizations criminal treatment as severe as that provided for in the Anti-Terrorism Law.
“The designation as terrorists opens up space for international, economic and military sanctions. I understand the attachment, almost a fetish, to the expression ‘narco-terrorists’, but it is just an expression that serves to fill newspaper headlines. Terrorism opens up space for sanctions against the country,” said Vieira.
As it was modified by the Senate, the Antifaction PL returned to the Chamber for a new vote this year. Lula the following month.
