the Ministry of Justice and Public Security Today, Friday (28), MJSP sent it to the rapporteur of the committee Anti-PL in the senate, Alessandro Vieira (MDB-SE)A document proposing changes to an approved text House of Representatives. The Senator must submit his opinion by Tuesday (2), and the matter must be voted on by the House by the end of next week.
Upon assuming the position of rapporteur of the proposal, Vieira promised that he would hold a dialogue with the government Luiz Inacio Lula da Silva (PT), Representatives and public security experts before giving their opinion. He therefore requested written suggestions for changes from the administration he headed Ricardo Lewandowski.
In response, the Ministry sent the Senator a 35-page document containing analysis and technical proposals to improve each article on the subject, which the representatives approved.
Approval of the representative’s report Guilherme Dayret (PP-SP) This happened after six versions of the text, and even after the representative retracted points that the executive considered troubling, Planalto continued to point out problems in the opinion. Unconstitutionality, overlap with the Penal Code and other laws and loss of resources by the Federal Police (PF) are the main points.
In an interview with valueVieira stated that he would not allow the National Front to lose “a single penny” by Congress approving a law seeking to combat it organized crime. For this reason, he said he must reverse the change made by Durrett that changes the destination of assets seized in police operations, while keeping the resource transfers as they are today.
In the document sent by MJSP to the senator, this criticism of sending confiscated resources to the National Public Security Fund and state and federal district funds was reinforced. According to the ministry, these goods represented revenues of R$367.48 million.
“There was, without any obvious technical reason, the replacement of Funapol with the National Fund for Public Security (FNSP) as the recipient of resources from the abolition of factional capital. It turns out that the National Front is not a recipient of the National Fund for Public Security. The previous formulation, which actually embezzled the National Front with an estimated 360 million reais per year, was replaced by a worse system. The distribution of resources is not addressed in this bill, which maintains the current system in place in the criminal legislation applying the procedure,” the ministry said.
Currently, the resources seized by federal and state operations are divided between three funds according to the crime committed: the National Fund for Combating Drugs (Funad), the Fund for the Device and Operation of Terminal Activities of Police Forces (Funapol), and the National Fund for Public Security (FNSP). The Federal Police makes this classification based on the type of crime for which the perpetrator was convicted.
As it turns out valueThe Senate rapporteur also calls for the creation of a new fund to increase the public security budget to combat organized crime.
In the report, the Ministry also criticized the creation of this type of “hyper-violent criminal organization” because it potentially “creates a conflict of norms and interpretations.” By lacking a specific description of the concept, the document argued that this crime “presents a confusing definition” and could ultimately lead to operations being invalidated due to potential legal loopholes.
“This situation tends to be exploited by highly capable criminal organizations, which often exploit normative loopholes and regulatory disagreements to make operations ineffective, eliminate evidence or obtain more favorable decisions. In this scenario, maintaining the normative unity of Law No. 12850, of 2013, is not just a technical option – it is an essential element of criminal policy,” the document states.
In lieu of these criminal types, MJSP advocated that Antifaction PL make changes to crimes already set forth in the Criminal Organizations Act and create a “qualified criminal organization,” the way the Department did in the text sent to Congress. This classification, also known as criminal faction, classifies a criminal organization when it “aims to control territory or economic activities, through the use of violence, coercion, threats, or other means of intimidation.”
The technical document from Lewandowski’s portfolio also highlights the potential excessive imposition of requirements to allow police to seize the assets of those investigated for being part of criminal organizations.
He explained that “the alternative sets out a series of requirements for the activation of security measures during the course of investigations. To this end, the judge, the prosecutor’s office or the chief of police must explicitly justify the need, adequacy and proportionality of this restriction, indicating, when possible, the possible systemic effects or the expected scope of the measure, in order to prevent effects on persons, companies or services not associated with the highly violent criminal organization.”
“The Federal Police warns that the introduction of excessive and open-ended requirements will significantly hinder the granting of the measure.”
Finally, the Ministry points out the unconstitutionality of stopping assistance to prisoners’ families and abolishing the jury’s jurisdiction to adjudicate murders committed by members of criminal organizations.
Next week, Vieira is expected to hold a public hearing with public security experts, members of the security forces, members of the MJSP and state security secretariats to discuss the fight against organized crime and possible improvements to Antifaction PL. He must then submit his report by the end of Tuesday (2), to be voted on by the Senate Committee on the Constitution and Justice (CCJ) on Wednesday (3) morning.