The Federal Senate unanimously approved, this Wednesday (10/12), bill 5.582/2025, known as “PL Antifaction”. The rapporteur, Alessandro Vieira (MDB-SE), reinstated the creation of a criminal-type criminal faction, created a specific national fund to fight organized crime and vetoed the controversial changes made to the text of the government of President Luiz Inácio Lula da Silva (PT). The project must therefore return to the House, where deputies must decide whether or not to maintain the changes.
In the Senate, there were 64 votes in favor and none against. The report responded to many of the government’s requirements, the content of which was the subject of a debate in the Chamber under the leadership of the former Secretary of Public Security of São Paulo, Guilherme Derrite (PP-SP).
In addition to classifying the criminal factions, with sentences of 15 to 30 years in prison, the emedebista incorporated the security measures requested by Planalto. Vieira also removed the ban on granting prison relief and the restriction on prisoner voting. Both devices were deemed unconstitutional by the rapporteur.
This last point can still be addressed in Congress, since the rapporteur of the Draft Amendment to the Constitution (PEC) of Public Security, in the Chamber, MP Mendonça Filho (União-PE), incorporated in the opinion the ban on voting for prisoners in pre-trial detention, in accordance with Derrite, as a way of circumventing the constitutional prohibition made by Vieira.
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Sharing of seized property
Despite the changes, Alessandro Vieira praised Derrite for producing the report. The deputy, who left the command of Public Security of São Paulo, made profound changes to the government project. It created new types of criminals and determined a new organization for the use of resources seized from crime, between the Union, the states and the municipalities.
In the case of operations carried out by local police, the seized resources will be allocated to local Public Security funds. Once seized by the Federal Police, they will be donated to the National Public Security Fund. In the case of joint operations, assets will be shared equally. This decision displeased the PF leadership, which claimed that it would face financing problems.
In the Senate, Vieira planned the creation of a specific fund to fight organized crime. These resources will be separate from the National Public Security Fund and will come from the creation of a new tax on online betting houses – betting. Resources should total, according to Central Bank projections, 30 billion reais per year.
Lewandowski likes the report
The opinion presented by Vieira was welcomed by the Minister of Justice and Public Security, Ricardo Lewandowski, who described it as “highly satisfactory”.
“I think the project is very satisfactory, has a very high technical level and incorporates a large part of our suggestions, the suggestions of the Ministry of Justice and Public Security. And let’s just say: these suggestions are the result of six months of work, of consultation of civil society, of consultation of universities, of consultation of the Secretaries of Public Security, in short, of all our sectors of the Ministry of Justice and Public Security itself,” said Lewandowski.
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