The federal government has set two main points that it wants to change in the replacement of the Anti-Faction Billpresented by rapporteur Guilherme Derrite (PP-SP): the role and responsibilities of the Federal Police (PF) in combating organized crime and the use of Criminal Organizations Lawand not in Anti-Terrorism Lawto establish penalties against factions. The argument is that the use of the Anti-Terrorism Law, as stated in the rapporteur’s text, creates a pretext for interference by foreign countries in Brazil.
At a meeting of Chamber leaders this Tuesday (11), the government leader in the House, deputy José Guimarães (PT-CE), highlighted that changes to the text are being discussed in order to vote on the merits of the matter this Wednesday (12).
“There is a rapporteur who was legitimately defined by the President of the House and we will negotiate with him until tomorrow [quarta-feira]if necessary [vamos trabalhar] all night to vote on this matter”, said the parliamentarian.
The text presented by Guilherme Derrite was criticized by experts, the federal government and the Federal Police for conditioning joint operations between federal and state police to a request from the governor.
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After the criticism, Derrite retreated and presented a new text removing the requirement for the governor’s request for joint investigations between the police. However, the rapporteur, who requested leave from his position as Secretary of Public Security of São Paulo to report on the project, included the requirement for the PF to communicate to the states about operations against organized crime.
The government leader, José Guimarães, defended that the Federal Police’s duties should not be changed by the project.
“The Federal Police can’t even remove it or put it in. It’s just leaving it as it is. The Federal Police has the autonomy to carry out the operations it wants. And, therefore, we will seek this understanding”, he stated.
Terrorism
Another topic of divergence is in relation to changes to the Anti-Terrorism Law. Guilherme Derrite’s replacement includes harsher penalties for members of criminal factions in this law.
The government agrees that it is possible to increase penalties, but that this must be done in the Criminal Organizations Law to prevent foreign countries from using the issue to harm Brazil.
“We are in favor of increasing the penalty, so why put it in the Anti-Terrorism Law? The economic losses will be enormous, as the minister has already explained [da Fazenda, Fernando] Haddad. A fund from Saudi Arabia, which wants to invest in the country, sometimes has clauses that it cannot invest in a country that has terrorist organizations”, explained the parliamentarian.
In his opinion, rapporteur Guilherme Derrite argues that the risk of foreign interference would be removed since the project would not classify the factions as terrorists “in the strictest sense”.
“It is not a question of classifying criminal organizations, paramilitaries or private militias as terrorist organizations in the strict sense, but of recognizing that certain practices committed by these structures produce social and political effects equivalent to acts of terrorism, therefore justifying equal criminal treatment in terms of severity and legal consequences”, he explained.
The government understands that this justification does not holdas explained to Brazil Agency the National Secretary of Public Security of the Ministry of Justice, Mário Sarrubbo.
“For a foreign country, there will be no distinction whatsoever in this matter. In other words, the foreigner will look and say that we are equating [criminoso] the terrorist. They will say that Brazil is home to terrorist groups”, reaffirms Sarrubbo.
The leader of the PP in the Chamber, deputy Doutor Luizinho (PP-RJ), came out in defense of rapporteur Guilherme Derrite and said he was sure that the Chamber would reach a text that would also please the government.
“We are being extremely correct with the government on the absolute majority of matters, and it will be no different this time. We will have a progressive deputy who will be correct, above all with Brazil, and we will have a report that can be approved in the plenary”, he said.
