The Justice Ministry issued a memorandum on Wednesday saying that the third version of the Antifaction project, presented by Deputy Rapporteur Guilherme Dirret (PP-SP), “financially weakens” the federal police. The ministry also classified some points of the proposal as “unacceptable legal and institutional setbacks.”
According to the Ministry of Justice, the new opinion provides for a general allocation of resources arising from the confiscation of assets from drug traffickers and members of criminal organizations to state or regional public security funds.
It is understood that in cases where the investigation is carried out at the federal level, the amounts must be returned to the Fund for the Equipment and Operation of Basic Activities of the Federal Police (Funapol) and the National Prison Fund (Funpen). Therefore, the Department believes that this point in the new opinion is unconstitutional and violates federal legislation.
For department technicians, this provision would eliminate the capitalization of these funds, thus leaving less money for the federal police and federal prisons.
“Insist on financially weakening the Federal Police and other federal security forces by diverting the resources allocated to them into state funds, instead of creating tools to cut off the capital of organized crime, as stated in the draft that the government originally sent to the Chamber,” the Ministry of Justice statement said.
The administration of Minister Ricardo Lewandowski prepared the anti-demonstration project and sent it to the National Congress on October 30. The president of the Chamber, Hugo Motta (Republicanos-PB), chose Derret as rapporteur of the project. He took a leave of absence from his position as Secretary of Public Security in the Government of São Paulo. Since resuming office, Derrett has submitted three different versions of the proposal and is preparing a fourth.
The JEM also complained about the idea of creating an “independent law” called the “Legal Framework to Combat Organized Crime” that would change other legislation already in force, such as the “Criminal Organizations Law.” According to technicians at the ministry, this would generate “a real legal chaos.”
“This organizational disruption could benefit criminals who are being investigated in the actions already taken against them,” the ministry said.