The House of Representatives is expected to vote on Wednesday (11/12) on the anti-factionalism bill (PL), after the Speaker of the House, Hugo Motta (Republicanos-PB), and the Rapporteur, Guilherme Diret (PP-SP), retracted two points criticized by the government, the author of the original proposal.
After a busy day of meetings with members of the government, such as Ministers Ricardo Lewandowski, and Justice and Institutional Relations Glessi Hofmann, Derret announced that he had abandoned changing the anti-terrorism law and that he would retain the jurisdiction of the Federal Police (PF) in the proposal.
About an hour later, the former Secretary General of Public Security in São Paulo released the new report, confirming what he had expected.
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Deputy Guilherme Dayret
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Hugo Motta and the project rapporteur, MP Guilherme Dirret (PP-SP), held a press conference on the legal framework for combating organized crime, in the Green Room of the House of Representatives.
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Guilherme Duret and Hugo Motta
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Conference of the Rapporteur of PL Antifações, Guilherme Diret
Marina Ramos/House of Representatives
Anti-terrorism law
Since the issuance of the first report, Dirit has rejected the opposition’s proposal to merge the government’s text with another project that equates criminal factions with terrorist organizations.
However, he pointed out that the armed actions and territorial control promoted by the factions carry the same penalties applied to terrorism cases, with penalties ranging from 20 to 40 years in prison, according to Law No. 10. 13,260 of 2016.
The decision was strongly criticized by government supporters, such as the chamber’s Labor leader, MP Lindbergh Farias (RJ).
In the final opinion, Derrett kept the same penalties, but decided not to change the anti-terrorism law and create independent legislation. In the new alternative, the MP indicates that the project will establish a “legal framework” to fight the factions.
According to the Secretary of Public Security, by not changing the law related to extremist groups, the text avoids opening loopholes for interpretations that might justify foreign intervention in the country.
“I serve the public interest. What you call a retreat, I call a strategy to adequately punish organized crime in Brazil,” Derrett replied when asked if the change represented a concession to the government.
scenario
- The Chamber is expected to vote on Wednesday (11/12) on the Antifaction PL project, following amendments made by Derrett and Motta to the points criticized by the government.
- Dirit abandoned the amendment to the anti-terrorism law, and maintained the jurisdiction of the federal police, after his meeting with government ministers.
- The new opinion creates a “legal framework” to fight the factions, without changing the anti-terrorism law, while maintaining sentences of up to 40 years.
- Following criticism, the rapporteur removed references to the National Front from the text; The government is signaling its support and expects a vote on the motion on Wednesday.
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Independence of the federal police
The initial idea stipulated that the national police forces could only operate alongside the state police in cases of criminal factions at the formal request of the governor. Next, the parliamentarian included the following wording:
“Federal police actions may include investigative, technical, operational or information support, which will be done: at the reasoned request of the Chief of the State Police or the competent State Prosecutor’s Office; on their own initiative, in contact with the competent State authorities.”
This Tuesday, after criticism from the institution, Derrett decided to remove any mention of PF from the text, the second such change made by the rapporteur.
The government leader in the chamber, José Guimarães (PT-CE), stated that if it were based on the rule, the vote would take place on Wednesday, in a positive reference to the changes made by Derret.
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