Derrett provides a third opinion and fulfills two major government requests in the Anti-Factionalism Project | policy

Government members classified the two points as “non-negotiable.” The changes were made after criticism from the Executive, the Federal Police, Federal Revenue, experts and parliamentarians from the allied base, who pointed to the weakening of the National Front and the risks to Brazilian sovereignty if organized crime was equated with terrorism.

In the previous version of the opinion, Dret introduced two articles into the anti-terrorism law, equating the behavior of factions and militias with terrorism crimes. With this, it also made changes regarding federal police procedures.

“The adoption of independent certification makes any express provision regarding the jurisdiction of the Public Prosecutor’s Office, the Federal Police or the State Judicial Police unnecessary, because since this is not a crime provided for in the Anti-Terrorism Law, the constitutional and legal rules already in force fully prevail. Articles 109 and 144 of the Federal Constitution, as well as the Code of Criminal Procedure, already define the criteria for jurisdiction strictly according to the nature and scope of the crimes,” the rapporteur explained in the submitted text.

Dayrit continued to stipulate sentences ranging from 20 to 40 years for crimes of armed territorial control, sabotage of public services and attacks on security forces, in addition to serving sentences in federal prison for faction leaders.

This opinion creates a separate law dealing with classifications to cover conduct involving territorial control, subversion of public services, attacks against security forces, social control through violence, attacks against armored vehicles, means of transportation or prison institutions, aircraft hijacking, and “new kangasso,” among others.

“This legislative option enhances legal security, avoids interpretive disputes between criminal prosecution bodies, ensuring greater rationality of the organized crime control system, adequately distinguishing it from terrorist hypotheses, without any prejudice to the inter-State and international and inter-institutional cooperation provided for in existing regulations,” the report says.

Duret also continued to anticipate the creation of a national bank and state banks for members of criminal organizations and automatic ineligibility and loss of prison benefits for family members of convicts.

The text provides for security measures and asset blocking, allowing physical, digital and financial assets to be confiscated and made unavailable. It also provides for mandatory communication with financial oversight bodies and the possibility of international cooperation to track external resources.

The rapporteur retained some of the changes he had already made in the government’s original draft, such as removing the section specifying that the sentence could be reduced from one-sixth to two-thirds if the defendant was a first-time offender, had a good record, and did not play a leadership role in the criminal organization.

He justified that “this is an instrument that generates a stark contradiction with the normative purpose of the punitive group: while the punishment is severed to the maximum to tame collective danger, it simultaneously creates a reduction mechanism capable of depriving punitive effectiveness,” noting that the proposal represents a technical contradiction with the essence and purpose of the project.

In an interview with reporters earlier, the MP said he believed that through the changes he would overcome the questions raised by the government. Derrett called this explanation a “false narrative” and said the change was intended to speed up the matter in Congress.

When justifying the changes in the text, the rapporteur said: “So that we have political space, not only to approve it here in the House of Representatives, but so that the agenda can move forward in the Senate, be approved and not be challenged in the judiciary.” He added: “Whatever concerns the National Front is preserved, and what concerns the state police is preserved.”