Organized crime represents one of the greatest challenges to public safety. The PL increases penalties for crimes committed by criminal factions and militias, redefines legal concepts, expands investigative instruments and establishes resources for the sector. Creates the criminal type “criminal faction”, inserted directly into the law on criminal organizations. It is defined as a group that acts through territorial or cross-state control using violence, coercion, threats, or similar means. Promoting, training, financing or joining these gangs is punishable by 15 to 30 years in prison. For leaders, the punishment is double. There are aggravating factors, such as the recruitment of children and adolescents, the use of explosives and the obstruction of ports, airports or highways. These crimes will be considered heinous and their perpetrators will not be eligible for amnesty, pardon, pardon, bail or parole. From a legal point of view, private militias are considered factions.
Those convicted of heinous crimes will have to serve at least 70% of their sentence in a closed regime. For members of factions, militias and other criminal organizations, the percentage rises to 75% and, in the event of repeat offenses, to 85%. The approved text creates a contribution on transfers to betting houses, whose rate will be 15% and which, according to Vieira, could generate up to 30 billion reais per year for security actions and the prison system. At least 60% of the collection will be decentralized, thanks to state funds. The sources of funding for the federal police – the government’s main complaint in relation to the House text – do not change.
With the aim of suffocating gang finances, the PL allows the rapid blocking of accounts and assets, judicial intervention in companies that support criminal groups and the loss of assets while they are still in the investigation phase. It also provides for the creation of a national database of natural and legal persons accused of being part of criminal organizations. And stricter rules for the oil sector, targeted by factions for money laundering.
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