After giving in to pressure for change from the anti-faction Liberal Party, MP Guilherme Dirret (PP-SP) presented a new text on Tuesday night (11), the third since the executive power text reached Congress. The project was called the Legal Framework for Combating Organized Crime in Brazil.
The new wording creates the crime of organized social domination, which punishes members of criminal organizations, paramilitaries or private militias who use violence, among other behaviour, to establish dominance over territories with up to 40 years in prison.
The text also creates a national bank for national and state criminal organizations, creates mechanisms for confiscation of assets, prohibits prison assistance to families of prisoners and disqualifies members of criminal organizations, paramilitaries or private militias under conditions set out in the text.
See below some points of the proposal, which could be voted on on Wednesday (12) in the House of Representatives.
The practice by members of criminal organisations, paramilitaries or private militias of behaviour, such as: the use of violence to establish control over territory; Use of firearms, explosives or biological agents; obstructing the free movement of people and services; obstructing the actions of security forces; Imposing social control on economic activities; Committing crimes against financial institutions and armored vehicles; Encouraging attacks against prison institutions; Or sabotage transportation and basic public services (energy, hospitals, airports, databases).
Increase the penalty
The penalty can be increased from half to two-thirds if the agent practices driving/driving, finances the behaviour, uses violence against vulnerable people (children, the elderly, security agents) or recruits minors.
Ban isolation aid
Dependents of prisoners (prisoned or in a closed/semi-open system) for this offense will not be entitled to incarceration assistance benefits.
Federal prison
Determine the execution of the sentence in a maximum security federal prison when there is concrete evidence that he exercises leadership or command or is part of the leadership nucleus of a criminal or paramilitary organization or militia, especially in cases proven in this crime.
Crime of favoring organized social domination (punishment from 12 to 20 years in prison)
This crime is independent and consists of the practice of various behaviors aimed at supporting or assisting the organized social sphere or the organization that practices it. Part of this crime is, for example, promoting, establishing, or joining a criminal, paramilitary or militia organisation, as well as supporting it in any way, such as providing shelter or assistance to any person who has committed or is in the process of committing crimes.
To carry out acts stipulated by law, among other things.
Heinous crimes
Crimes of organized social domination and favoring organized social domination are heinous.
Ban interest
New crimes are not subject to pardon, pardon, pardon, bail or parole.
Other expanded types
Increased punishment for crimes, for example, such as murder (from 20 to 40 years), and robbery (from 20 to 40 years), when committed by members of criminal organizations in the context of behavior expected in an organized social sphere crime. There are also changes in other criminal types.
System progress
It stipulates the time required for the system to evolve, which can range from 70% of the sentence when there is a heinous crime and he is a first-time offender to 85% of the sentence when the prisoner is a repeat offender for a heinous crime or similar crime resulting in death.
Prison monitoring
Public or virtual meetings between prisoners associated with criminal organizations and their visitors may be monitored by recording, audio and video recording, subject to obtaining judicial authorization.
National Bank of Criminal Organizations
It creates a national bank for criminal organizations, paramilitaries, or private militias, and requires the creation of state banks, which must be interoperable.
Loss of assets
It aims to eliminate the rights of possession and ownership of assets that are the product or benefit, directly or indirectly, of illegal activity related to criminal organizations, criminal associations and private militias. A judge, prosecutor’s office or police chief can act to seize and confiscate assets before a final ruling is issued, with the aim of preventing members of organizations from dissipating criminal assets.
Use of confiscated assets
Public Security agencies and the Criminal Prosecution may immediately dispose of the seized movable and immovable assets, until they are finally disposed of. Resources resulting from the final liquidation of lost assets must be allocated to the state or district public security fund.
Ineligibility
The Clean Record Act would be amended to make ineligible those who are regularly entered into national and state databases of criminal organizations.
infiltration
It allows collaborators to infiltrate a criminal organization in specific cases and details procedures for creating and maintaining fictitious identities for undercover police officers.
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