The decision taken by federal representative Guilherme Dirit (PP-SP) to submit a report on the anti-factional project, a decision that contradicts the Lula government (PT), was approved by members of the STF (Supreme Federal Court).
The Speaker of the House of Representatives, Hugo Mota (Republicanos-PB), informed Ministers Gilmar Mendes and Alexandre de Moraes of the parliamentarian’s choice last week.
The Supreme Court’s assessment was that Durrett had access to the court, with easy access to ministers. Therefore, any modifications to the text can be discussed side by side.
The selection of Dirit, who serves as Minister of Public Security in the administration of Tarcisio de Freitas (Republicanos-SP), was also interpreted in court as a symbol of the disintegration of executive power over the issue.
With the parliamentarian, the ministers believe that the approval of the text in the Council can be facilitated.
Motta went to the Supreme Court on Monday (10) to speak with Moraes and Gilmar about the text created by Derret. According to reports received by BoundThe head of the chamber wanted to know whether the ministers considered the text unconstitutional and whether it was possible to resist the project in court.
One of the most controversial points of the Derrett project is the provision that federal police can investigate criminal organizations only at the request of the state governor.
A Supreme Court minister considers this restriction unconstitutional. It also challenges the decision of the plenary session of the ADPF das Favelas for the company to maintain a permanent investigation to investigate signs of crimes with national and international repercussions by criminal organizations in Rio.
The Antifaction PL is the main bet of the Lula government (PT) to respond to the image crisis in public security.
Motta was making gestures to the President of the Republic. He participated in government events, helped approve projects of interest to the executive and worked in negotiations with central parties, such as the People’s Party and Uniao Brasil, after a break between the leadership of these parties and the Workers’ Party.
Despite this, government members and lawmakers from Lula’s base say Motta is giving questionable signals and speak of a lack of confidence in his administration. They realize that the MP needs to point to the opposition so as not to lose control of the plenary session, but they appreciate that in crucial moments this year, he was more aligned with the opposition than with the government.
This is what happened, in the opinion of government officials, with the selection of the rapporteur for the anti-faction project. Dirit is the public security secretary of Governor Tarcisio de Freitas (Republicans), Lula’s potential rival in 2026, and has taken a leave of absence from his post in São Paulo only to lead discussions on the proposal. For Palacio do Planalto members and government deputies, the decision was wrong.
On the part of the STF, Gilmar Méndez and Alexandre de Moraes at least had an open dialogue with the parliamentarian.
Another assessment, behind the scenes in court, is that Derrett is someone who understands public safety. This will be a favorable point both for the technical aspect and for the difficulties the government faces in clarifying this issue – there will be a lack of anyone to focus talks on this issue.
In Buenos Aires, for example, Gilmard commented to reporters that there was a politicization of the discussion. He criticized the discussions in Congress that focus on equating criminal factions with terrorist groups.
“We need to deal with crime within normal institutional parameters,” the minister said. “It seems to me that there is too much bluster around this issue and too much politicization, even taking into account the conflicts taking place in the country.”
The concern is the same in Lula’s administration. Minister Gacy Huffman (Corporate Relations) stated last Wednesday (5) that the federal government strongly opposes this equivalence.
He added, “Terrorism has a political and ideological goal, and under international law it provides a haven for other countries to interfere in our country.” The crime equation is under discussion in the Durrett report.
But for the Dean of the Court, it is necessary, instead of worrying about labels, to look at the concrete foundations that can provide ways to solve the problem.
One of them would be in the decision of the Full Supreme Court in the ADPF in Favelas, when collectively defined standards of action gave decisions to reduce police lethality and strengthened the work of different bodies in a complementary way, such as the Federal Police to investigate signs of crimes with national and international repercussions.
According to the legislation and what was specified by the general decision, these crimes require uniform repression.
This was the point that led, for example, to the opening of an investigation into organized crime in Rio de Janeiro.
Another point that prompted this action was the investigation into the activities of the main violent criminal groups active in Rio de Janeiro and their relationships with public officials. The Federal Police will have the competence and ability to conduct this type of investigation using intelligence tools.
Not coincidentally, Hugo Motta announced on Monday evening that he had decided, after a dialogue with Derret and the Director General of the Federal Police, André Rodriguez, to ensure that the Federal Police “will retain its responsibilities in investigations against organized crime.”
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