The Anti-Faction Bill, signed by President Lula and which arrived at the National Congress, this Friday (31), as a matter of urgency, brings new developments in the fight against organized crime. The Executive’s message was published in an extra edition, this evening, in the Official Gazette of the Union.
President Luiz Inácio Lula da Silva defended that the proposal is a government priority as it brings more strength to the State to repress criminal organizations that exercise control of territories and economic activities.
When signing the project, Lula argued that it is necessary to get tougher in the fight against criminal factions.
“We are going to show how these factions, who live by exploiting the most humble people of this country, face each other,” he said.
The Minister of Justice and Public Security, Ricardo Lewandowski, added that the project meets Brazilian society and Parliament. The project predicts that the crimes of criminal factions would become heinous.
Check out the main points of the project that provide for increased penalties:
Homicides committed by order or for the benefit of criminal factions may carry sentences of 12 to 30 years.
The penalties become harsher, from 8 to 15 years in prison if the organization’s actions are aimed at controlling territories or economic activities, through the use of violence, coercion or threats.
There will also be an increase in the penalty if there is a connection with other organizations, proof of the organization’s transnationality, territorial or prison dominance by the criminal organization, and also in cases of death or bodily injury to a public security agent.
Another demand of the bill is that investigation instruments and improvements be strengthened and legal tools be expanded to hold faction members accountable.
Among the proposals, the project includes:
It provides for the use of investigative techniques, with the possibility of infiltration of police officers and collaborators into factions.
A judge may order internet and telephone providers and technology companies to provide access to geolocation data in cases of threat to the life or integrity of people.
Project authorizes the Executive Branch to create the National Bank of Criminal Factions.
If factions are infiltrated in the Public Power, the removal of public agents would be foreseen, by court decision, when there is evidence of involvement with a criminal faction.
Defendant convicted of faction will be prevented from contracting with Public Authorities or receiving tax incentives for a period of 14 years.
Another measure of the project is to try to strangle the economic power of the factions in the following ways:
Facilitate the seizure of assets in favor of the Union and judicial intervention in companies used for crimes and the blocking of financial operations;
Suspension of contracts with public authorities.
To reduce the operational power of factions, the project also provides:
Monitoring meetings of members of criminal factions in the parliament.
The prison administration may determine the transfer of prisoners from criminal factions between establishments without prior judicial authorization in cases of riot, rebellion or other situations of serious disturbance of order in the prison establishment.
The project that reached Congress provides for international police cooperation, under the responsibility of the Federal Police, and includes the private sector in the search for evidence and information of interest to the investigation.
Another action is to improve the legal mechanisms for intervention in the administration of legal entities used to commit crimes by criminal organizations.
Also, this Friday, Lula defended rapid processing in Congress. He highlights that the Executive’s proposal guarantees instruments that shield public bodies from the actions of members of this type of criminal organizations.
