There is no doubt that the anti-factionalization bill (PL) currently being processed in Congress is vital for Brazilian society. This is why the politicization surrounding the proposal has been unfortunate and harmful, as the opposition and government measure forces in search of electoral gains. Not all differences have been overcome, but they need to be overcome.
The process started poorly, when the president of the chamber, Hugo Mota (Republicans – PB), chose the hardline MP Guilherme Dirit (PP-SP), the licensed security minister from São Paulo, to report on the project. It was expected that the choice would exacerbate the intensity of anger. The first versions proposed by Derret contained errors, such as attempting to equate criminal factions with terrorist groups and restricting the independence of the federal police. Planalto’s reaction was unbelievable. The executives even considered appealing to the Supreme Court. The government and the opposition fight over their supporters on social media, forgetting that the enemy is someone else. Motta and Durret presented a version that corrected the major distortions, and was closer to the original proposal, but Planalto remained unsatisfied.
- organized crime: Derret presents the fourth version of the Antifaction project, Planalto sees no consensus and the vote is postponed
In general, the constitutional law preserves the independence and powers of the National Police, does not change the anti-terrorism law, does not equate terrorist factions and groups, increases penalties for crimes committed by criminal organizations, and unifies state and national databases. All of this represents progress. But for the government, there was an overlap with other laws; Cutting national police resources and asset confiscation problems. Derrett submitted another version of the text to try to take this into account – and the vote was postponed.
It is necessary to adapt legislation to the terrifying reality, as organized crime expands throughout the national territory with increasing military power and military development. At least 64 factions operate in Brazil. Data from the Brazilian Intelligence Agency (ABIN) show that three of them have a national scope and that 31 of them affect the security of the entire country.
- invoice: Dayrit says he wants to protect the Antifaction PL text from competing in the STF and indicates acceptance of the new changes
The state’s current law does not provide the appropriate tools to effectively combat these groups. It is necessary to integrate and harmonize all security forces in the fight against organized crime; using intelligence and investigative capacity to financially strangle gangs; Take strict measures against money laundering and infiltration of the official market; Ensure that assets obtained through crime are frozen and confiscated and returned to the state treasury; Restoring the lands occupied by the factions through the joint action of the forces of law; There is a police guarantee and the continued provision of public services such as schools, sports and cultural centres, banks or post offices.
Given this reality, it is a shame that a project of such importance to Brazil is causing so much fuss, as it serves as a platform for the opposition and the government to engage in conflicts with a goal of 2026. It is hoped that from now on the interests of society will not be set back. The anti-factional law must be viewed as a state project, not a starting point for electoral disputes. The proposals must be discussed from a technical point of view, without ideological contamination. It is not difficult to obtain consensus in this priority area, which is currently the main concern of Brazilians. Congress and the government have a unique opportunity to make an invaluable contribution to Brazil. They can’t waste it.