The version of the Anti-Faction Bill (PL) approved by the Chamber of Deputies goes “in the opposite direction of what is intended” and weakens federal bodies responsible for combating organized crime, said this Wednesday (19) the Minister of Finance, Fernando Haddad. According to the minister, the replacement of deputy Guilherme Derrite (PP-SP) financially suffocates the Federal Police (PF), by changing rules for the allocation of seized goods.
“We cannot let these operations be weakened by a hastily voted report, without the experts being heard, without the bodies being heard properly, in daylight, in a public hearing, so that everyone is aware of what happened”, said the minister as he left the Palácio do Planalto.
According to Haddad, the text of the Chamber creates loopholes for organized crime. “Are you going to complicate the impediment to open gaps for the criminals to act, instead of fighting the bodies that work against corruption and organized crime? It’s a contradiction, and we have to resolve it,” he added.
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Fewer resources
In the opinion of the Minister of Finance, Derrite’s maintenance of the division of resources confiscated from factions, when there is joint action by federal and state bodies, reduces funds for strategic areas in the fight against organized crime. The deputy, rapporteur of the proposal in the Chamber, agreed to migrate the amounts to the National Public Security Fund (FNSP).
However, the government argues that other federal funds, such as the National Anti-Drug Fund (Funad) and the Fund for the Equipment and Operationalization of Federal Police Activities (Funapol), would lose resources. Haddad stated that the substitute approved also weakens the Federal Revenue, especially in customs operations.
“As good as the intention may have been, it goes in the absolute opposite direction of what was intended. It makes life easier for organized crime leaders and financially suffocates the Federal Police and weakens customs border operations, which belong to the Federal Revenue Service. So we are really going against what we need,” he said.
The minister also assessed that the text creates “fragile procedures” that can be used by criminal lawyers to cancel investigations. He cited a negative impact on three ongoing operations: combating financial funds used for money laundering, action against the fuel mafia in Rio de Janeiro and combating fraud in the banking system.
President Luiz Inácio Lula da Silva also spoke out and stated that the approved text “weakens the fight against crime and creates legal uncertainty”.
Position of the Federal Police
The National Association of Federal Police Delegates (ADPF) recognized progress in the project, but pointed out setbacks, especially in the removal of Funapol, a fund destined to equip the PF, as the recipient of confiscated assets.
The entity asked the Senate to hold a “more technical debate, without political and ideological interference”.
Project defense
Rapporteur Guilherme Derrite countered the criticism. He accused Haddad and the PT of creating “lies to establish a dishonest electoral narrative”. Melt downwho took leave from the position of Secretary of Public Security of São Paulo to report the text, stated that the project confronts organized crime with “the lens of reality”.
The governor of São Paulo, Tarcísio de Freitas, celebrated the approval and said that Brazil decided to face the problem “through the lens of reality, not ideology”. According to him, the text toughens penalties, removes benefits and strengthens the factions’ capacity for financial suffocation.
Main points
The Chamber approved the basic text by 370 votes to 110with three abstentions. The proposal had originally been sent by the Executive, but underwent profound changes during processing, which increased tension between the government and the project’s support base. The matter now goes to the Federal Senate, where it will be reported by senator Alessandro Vieira (MDB-SE).
The project promotes a new legal framework for combating criminal factions, with tougher penalties, expanded possibilities for freezing assets and changes in the distribution of confiscated values.
Disposal of seized goods: When the investigation is carried out by the state, the assets will become part of the state’s Public Security Fund. If the Federal Police participates in the operation, the amounts will go to the National Public Security Fund (FNSP). The federal government argues that the rule decapitalizes funds under the responsibility of the Union, such as Funad and Funapol.
Feather hardening: the rapporteur included significant increases in penalties for crimes committed by faction members. Intentional homicide, for example, can carry up to 40 years in prison. Cases of kidnapping, robbery and extortion also increased significantly. Crimes such as threat, previously punished with detention, now carry a prison sentence.
Blocking of assets and restriction of benefits: the text authorizes the blocking of all types of assets, including cryptocurrencies and corporate shares, still in the investigation phase, by court decision or at the request of the Public Prosecutor’s Office. It also prohibits granting amnesty, grace, pardon, bail and parole to members of criminal organizations.
Rejected proposal: an attempt by the PL to include the equation of criminal factions with terrorism was rejected. Derrite argued that the topic had no relation to the original project sent by the Executive.
