After criticism, the rapporteur of the Anti-Faction bill (PL), deputy Guilherme Derrite (PP-SP) went back and modified article 11 of the text to allow the Federal Police (PF) to carry out joint operations with state police without the need for approval from the governor..
Experts, the federal government and the Federal Police (PF) themselves criticized the measure because they considered that it limited the PF’s role in combating organized crime.
The project is scheduled to be voted on this Tuesday (11) in the Chamber.
The PF informed, in a note, that the measure would be a setback and would make operations unfeasible. such as the one that investigated the use of gas stations by the Primeiro Comando da Capital (PCC) for money laundering.
Representative Derrite, who took leave from his position as Secretary of Public Security of São Paulo to report on the project, said that decided change text after suggestions of parliamentarians, magistrates, members of the Public Ministry, lawyers and security agents.
“In the name of the relevance of the agenda, which is non-partisan, and the democratic process that I have always defended, I incorporate the changes into the substitute”, said the parliamentarian.
Sent by the federal Executive to tighten rules and investigations against criminal factions, Derrite’s replacement opinion for PL 5,582 of 2025 was harshly criticized by the government, which was not approached by the rapporteur to give his opinion on the changes.
The rapporteur maintained the definition of actions by factions or militias in the Anti-Terrorism Law, definition criticized by experts and the government as likely to be used by foreign countries to promote interventions in Brazil.
Autonomous typical figure creation
Rapporteur Derrite also included changes to the opinion to allow the punishment of people who commit acts typical of a criminal organization, foreseen in the project, but who are not part of any faction or militia.
According to the rapporteur, the measure is necessary because “proving that the offender is part of a criminal organization is often too complex”.
With the changes, people without proven links to factions can face 20 to 30 years in prison if they commit any act provided for in art. 2-A of the project. Among them:
- III – restrict, limit, obstruct or hinder, even if temporarily, the free movement of people, goods and services, public or private, without legitimate motivation recognized by the legal system
- IV – prevent, hinder, obstruct or create obstacles to the actions of public security forces, police pursuit or order maintenance operations, through the placement of barricades, blockages, physical obstacles, fires, destruction of roads, use of artifacts or any other means intended to restrict movement, visibility or police action
Heritage of crime
Another criticism of the federal government in relation to Derrite’s substitute was the exclusion of the provision from the original text, which provided that the good or assets seized in an operation would be absolved by the State, even if the operation was annulled, as long as the suspect was unable to prove the legal origin of the good..
THE mechanism, called civil forfeiture of assetswas included to financially stifle criminal organizations, as explained by the National Secretary of Public Security at the Ministry of Justice, Mario Sarrubbo.
After the criticism, Derrite included in the text the chapter called The Loss of Goodsto regulate the procedure in the Law against Criminal Organizations (Law 12,850 of 2013). According to the rapporteur, the new section would be “another measure aimed at financially stifling these deviant groups”.
Criminal database
The rapporteur also made changes to the article that deals with the creation of the Database of faction or militia members, which was already provided for in the Executive’s original text.
Derrite included the provision of state banks with the same purpose and the automatic ineligibility for political positions of people included in these databases.
