Antifaction project advances in Senate with funds of up to 30 billion reais from bets and tougher sanctions for crime bosses; see the points

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The project should be voted on by the Senate plenary this Wednesday.

The approved text consolidates and modifies the provisions of the Penal Code, the Code of Criminal Procedure, the Law on Criminal Organizations and the laws on penal execution, drugs, weapons, money laundering and heinous crimes to combat organized crime, focusing on three axes: strengthening criminal law against leaders, modernizing means of investigation and financial suffocation of factions and militias.

In the supplement to the vote presented on Wednesday, Vieira maintained Cide-Bets as the central source of funding, but made changes to strengthen the role of states, the public prosecutor and the judiciary in resource governance.

The text now goes to the plenary session of the Senate and, if approved, must return to the Chamber for validation or rejection of the modifications made by the senators.

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The text now provides that at least 60% of the Cide-Bets collection will be carried out in a decentralized manner, through the transfer mechanisms already provided for by law, including from funds to funds, provided that the resources are kept in a specific account of the State public security funds, franked exclusively for actions against organized crime and the expansion and qualification of the penitentiary system.

— Organized crime profits increased alarmingly after the advent of gambling. This is what the headlines of the main Brazilian media say — said Senator Eduardo Girão (Novo-CE).

—If you want to end the life of a young person and their family, you are giving them an addiction. In this country there are already people selling real estate to pay off debts resulting from these bets of their teenage children and, often, their partners. So, I want to congratulate because we are showing society that, when we do research, apart from health, people demand public security, and it is up to us, here, to put the public security of the country in the budget, because without putting it there, we will not succeed, we will dry up the ice,” declared Senator Zénaide Maia (PSD-RN).

The Management Board of the National Public Security Fund (FNSP) was also reshuffled, with the inclusion of two representatives from the Public Prosecutor’s Office – one from the state deputies and the other from the Federal Public Prosecutor’s Office – and two representatives from the judiciary, guaranteeing federal and state participation. In addition to the police, the Special Action Groups to Combat Organized Crime (GAECO) become the explicit beneficiaries of the new resources.

On the fiscal side, the report created a single regularization declaration for the fixed odds betting sector, allowing operators operating in the country without authorization to regularize the debts of IRPJ, CSLL, PIS and Cofins of the last five years, according to specific payment rules and with heavy sanctions for those who do not comply or omit the information. At the same time, the text authorizes the blocking of accounts of irregular operators, prohibits new transactions and allocates the sums declared lost to the Union to the FNSP.

At the criminal level, the project creates the type of “criminal faction”, inserted directly into the law on criminal organizations. Promoting, creating, financing or joining a criminal faction is now punishable by 15 to 30 years in prison, in addition to penalties corresponding to other crimes committed. For those who exercise command, individual or collective, the penalty is applied twice. The conduct is considered heinous and is not subject to amnesty, pardon, pardon, bail or parole.

The text defines a faction as a criminal organization that operates through territorial control or interstate action using violence, coercion, threats, or other means of intimidation. The concept of territorial control has been detailed to include repeated conduct aimed at preventing or obstructing the movement of people, the operation of public services, the operation of essential equipment and infrastructure, such as telecommunications and transport.

Private militias are considered factions for all legal purposes. Additionally, the report creates a specific criminal type of promoting a faction or militia – which includes providing shelter, providing goods or information, disseminating recruitment content, or falsely claiming membership in a group to intimidate others – with sentences of 8 to 15 years.

The toughening is focused on leaders. In more serious scenarios, adding the penalties provided for criminal faction, homicides, theft, extortion and other behaviors committed within the framework of a criminal organization, the sentence in summary can reach 120 years, although the compliance limit in Brazil remains at 40 years.

In the approved supplement, Vieira incorporated new hypotheses to increase sentences and types of criminals. Among the changes is the expected increase in cases of bodily injury or death of members of the armed forces in connection with the activities of criminal organizations.

Another aggravating circumstance occurs when factions or militias disrupt ports, airports, highways, train stations and rail lines, thereby affecting the operation, operation, circulation, access or integrity, even temporarily – a point understood in the face of escalating attacks on infrastructure services.

The report also creates a specific offense of reception linked to organized crime, with a sentence of 6 to 10 years, and a new type for anyone who recruits, incites, co-opts, finances or encourages children and adolescents to assist criminal organizations, including by digital means. In this case, the sentence ranges from 5 to 10 years, reaching 8 to 15 years in case of serious injury and 15 to 30 years in case of death.

—The text, in my opinion, is a quality text and is now ready to be presented in plenary. It will return to the House, and it is then natural that there will be adjustments, but the Senate has fulfilled its mission this legislative year — said senator and former Minister of Justice Sergio Moro (União-PR).

What changes with Antifaction PL

Cide-Bis and financing

• It focuses on transfers made by punters to betting platforms (and not on company profits).
• Rate of 15%, estimated at 30 billion reais per year.
• At least 60% of resources will be implemented by States, via public security funds.

Governance and control of resources

• The FNSP Management Council now includes representatives from the public prosecutor’s office and the judiciary.
• GAECOs enter as explicit beneficiaries of the funding.
• Irregular betting operators may see their accounts blocked and their sums lost to the FNSP.

Regularization of the betting sector

• Creation of a single regularization declaration for companies having acted without authorization.
• Allows you to repay IRPJ, CSLL, PIS and Cofins debts from the last five years.
• Provides for severe sanctions in the event of omissions or new irregularities.

Creation of the criminal type of criminal faction

• Sentence of 15 to 30 years for joining, financing or promoting a criminal faction.
• Double punishment for those who exercise command.
• Conduct considered heinous, without possibility of amnesty, pardon, pardon, bail or release.

Definitions and frameworks

• The faction is now defined by territorial control, intimidation, violence and interstate action.
• Militias are considered factions for all legal purposes.
• Favor faction or militia
• New crime for those who provide shelter, supply goods, assist or distribute recruitment content.
• Sentences of 8 to 15 years.

Aggravating circumstances and high penalties

• Sentences can reach more than 100 years in the abstract, although the limit for serving time is 40 years.
• Aggravating circumstance in the event of bodily harm or death of Armed Forces personnel.
• Aggravating for interruption of ports, airports, highways, stations and railways.

New specific crimes

• Reception linked to organized crime: sentence of 6 to 10 years.
• Recruitment or preparation of children and adolescents:
• 5 to 10 years;
• 8 to 15 years in the event of serious injury;
• 15 to 30 years in the event of death.

Investigative and procedural measures