The Senate plenary approved this Wednesday (10), unanimously, the project that creates a new legal framework to combat organized crime in the country. The text reformulates the proposal approved by the Chamber in November. The version of the rapporteur, senator Alessandro Vieira (MDB-SE), to PL 5,582/2025, of the Executive Branch, returns for analysis by the deputies. 
Known as PL Antifaction, the text, which was also passed this Wednesday by the Constitution and Justice Commission (CCJ), increases penalties for members of criminal groups: leaders can receive sentences of up to 60 years, with penalties expected to increase in specific cases to up to 120 years, according to the rapporteur. The project also tightens the regime progression rules and determines that heads of factions and private militias must serve sentences in maximum security federal prisons.
Alessandro explained that his opinion sought to improve the model for combating factions and militias that exercise armed control over territories, intimidate communities and limit the presence of the State. The rapporteur stated that he had been pressured by lobbying from various sectors such as corporations, academia, courts and public ministries:
The lobby that did not have access to this House, from a structured point of view, was that of the victims, that of the population that is at the mercy of the domination of factions and militias day in and day out. It is in honor of these, who cannot activate lobbies here, that we do the work we do here — he said.
Terrorism
The rapporteur removed from the project the classification of the crime of “structured social domain”, included by the Chamber for members of factions, militias or paramilitaries that control territories. Vieira considered that the concept was broad and inaccurate, leaving room for distortions.
During the plenary vote, opposition senators defended that the project equated the actions of factions and militias with the crime of terrorism. An amendment presented by senator Eduardo Girão (Novo-CE) with this objective, however, was rejected by the majority of senators.
Senator Carlos Portinho (PL-RJ) stated that these groups act to spread panic and restrict the right of the entire community to come and go.
Bandits and drug traffickers who use drones to throw grenades at random into communities where the police are on the rise. This act is what? Drone-dropped bombs, grenades. This is pure terrorism, said the senator, when defending that factions and militias that adopt this type of conduct be covered by anti-terrorism legislation.
Senator Jorge Seif (PL-SC) supported the change, saying that the organizations’ formal intention does not change the impact of their actions on society. “Even if criminal organizations do not have this objective, the end effect is the same,” he declared.
Senator Eduardo Girão (Novo-CE) defended that Congress explicitly recognize the seriousness of these crimes.
We have to call terrorism by its name. What is happening in Brazil is terrorism, he said.
In response, Alessandro Vieira argued that the technical definition of terrorism does not apply to groups operating in the country, highlighting that terrorism has political, ideological or religious motivation.. The rapporteur stated that, despite producing a feeling of terror, the actions of these organizations only aim to protect illicit activities and do not pressure governments or populations for political objectives. The senator recalled that classifying a group as terrorist can justify military actions and external sanctions against the country.
Even though the feeling of terror is a natural consequence of the actions of criminal organizations, this does not make them terrorist organizations. There is no benefit for Brazil in recognizing the Red Command, the PCC or any other faction as terrorists, he stated.
Update of existing law
One of Vieira’s main changes was the option to update the Criminal Organizations Law, and not create parallel legislation, an approach that could generate questions and benefit convicts.
The rapporteur also suppressed provisions approved by the deputies that, according to his technical assessment, violated the Constitution, such as: the extinction of confinement assistance, the prohibition of voting for pre-trial detainees, criminal types considered vague and rules that would weaken procedural guarantees.
Higher punishments
The opinion toughens penalties for members, financiers and leaders of factions and militias. Homicides committed by members of these groups carry a sentence of 20 to 40 years.
The project defines a criminal faction as any organization that disputes or controls territories or operates in more than one state. Joining or financing these groups is punishable by 15 to 30 years in prison. For those in a commanding position, the sentence can be doubled and reach 60 years.
Furthermore, the rapporteur included new situations that allow for increased punishments, both for leaders and members of factions, militias or other criminal organizations, potentially increasing the maximum sentence to up to 120 years.
Stricter regime progression
The Senate established stricter criteria for progression:
Those convicted of heinous crimes must serve a minimum of 70% of their sentence in the closed regime;
members of factions or militias need to comply with 75% to 85%, depending on the circumstances;
repeat offenders may have even higher percentages.
Intelligence and investigation: data, infiltration and bugging
The text updates investigation instruments, allowing: environmental listening and monitoring by software special, with judicial authorization; faster access to data from those investigated in cases provided for by law; emergency requests for information, without a court order, when there is a risk to someone’s life; accelerated telephone interceptions, with authorization for up to five days and possible renewal.
The rapporteur also reestablished the possibility of whistleblowers acting as infiltrators — the government’s original proposal that had been withdrawn in the Chamber’s report.
Institutional integration and national database
The project formalizes the Integrated Forces to Combat Organized Crime (Ficcos), which bring together police and investigative bodies. In addition to the Federal Police (PF) and state police, the Public Ministry, Financial Activities Control Council (Coaf), the Brazilian Intelligence Agency (Abin), Federal Revenue and the Central Bank may participate.
The proposal also creates a national registry of members and companies linked to criminal organizations, which must be replicated by the states.
Monitoring in the prison system and visits
The text provides for the monitoring of conversations and visits to prisoners linked to factions, but maintains inviolability between lawyers and clients, except in a specific court decision.
People convicted of crimes set out in the Criminal Organizations Law will not have the right to conjugal visits.
Financing: new Cide for bets
The rapporteur included the creation of a tax (Cide) on online betting (bets), with a rate of 15%, on transfers from individuals to platforms. This contribution will be valid until the Selective Tax created in the tax reform is fully collected and the resources will be allocated to the National Public Security Fund. The estimated revenue is R$30 billion per year.
Alessandro also proposes a temporary regularization rule for bets that operate without a license, with forecast additional revenue of up to R$7 billion.
The rapporteur eliminated the changes made in the Chamber regarding the allocation of seized resources to security funds. Instead, he ordered the government to present and regulate, within 180 days after the law was enacted, all federal funds linked to the security area.
The text also closes space for bets that operate underground, used for crimes, money laundering and unfair competition. Alessandro Vieira included a drafting amendment aligned with the Revenue and the Ministry of Finance that provides for measures such as the joint liability of payment companies and financial institutions.
An illegal bet only works because someone sponsors its advertising and because some institution allows payment, he said.
Witness protection
The version approved by the Senate maintains the jury trial to judge homicides linked to organized crime and provides security measures for jurors and witnesses, such as data confidentiality and interrogations via videoconference. The rapporteur highlighted that constitutional protection cannot be removed by common law.
Accountability of public agents
Anyone convicted of joining, supporting or leading factions is ineligible for eight years, even before the ruling becomes final. Public servants who collaborate with these organizations or fail to act may lose their position immediately.
Fuels
Due to the incidence of organized crime in the fuel market, the senator included stricter rules for controlling the formulation and sale of fuel in the version approved by the CCJ, but, in the plenary, he accepted an amendment by senator Tereza Cristina (PP-MS) to review this section of the proposal. He also partially accepted an amendment by senator Veneziano Vital do Rêgo (MDB-PB) on the topic.
The formulation of fuels should be further debated at another time and is already on the regulatory agenda of the ANP, which has faced this issue administratively, he said.
The project requires gas stations and companies in the area to register sales, transportation and storage operations of oil, gas, biofuels and synthetic fuels.
Other changes included by the Senate
Specific crime for recruiting children and adolescents, with sentences of 5 to 30 years.
Possibility of blocking power, internet and telephony for those being investigated.
Deadline of 90 days for completing investigations with arrested individuals (270 days for those released), with the possibility of extension.
*With information from Agência Senado
