On Monday, the Federal Police published an official document expressing “concerns” about the report submitted by Federal Deputy Guilherme Delight (PP-SP) on the anti-sectarian bill. The proposal being discussed in parliament could impose “significant restrictions” on the PF’s actions to fight organized crime, the document said.
The demonstration took place after a meeting between PF General Director Andrei Rodríguez and Chamber of Commerce President Hugo Motta (Republicanos-PB). Motta announced this Monday on his social networks that he had “mediated a dialogue” with Delight and Andrei “with the aim of ensuring that the PF maintains its mandate in the investigation against organized crime.”
The company recognizes the importance of measures to confront criminal factions, according to the memo, but warns that some provisions in the project could “undermine investigative autonomy” and limit strategic activities in sensitive areas such as borders and countering international human trafficking.
“Based on the report presented, the historic institutional role of the federal police in the fight against crime, especially against powerful criminals and large organizations, may be significantly restricted. The execution of operations by the federal police will be dependent on requests from the state governments in the area of investigation, which poses a real risk of weakening the fight against organized crime,” the PF statement said.
PF says the report “was not subject to detailed technical discussions” and suggests changes that could impact national public security.
“The Federal Police reiterates its commitment to combating criminal organizations, but understands that any legal changes must preserve the organization’s operational capacity and functional independence,” the text states.
Mr Delight said he would submit a new opinion by the end of this week Monday in response to requests from MPs. Among the changes already in place, he said, would expand the assumption that corporate assets used in organized crime would be affected.
In its first version, Delight’s report determines enhanced penalties for organized criminal acts in acts equivalent to terrorism. The idea is to change the wording to include penalties against factions even for acts that do not amount to terrorism, and to cover inability to obtain supplies in more cases.
— Decapitalization of companies (used by factions) will be carried out in the case of offenses set out in the law on criminal organizations, in addition to the types of offenses set out in Article 2A (dealing with the equivalence of terrorist acts), Delight said.
The deputy temporarily left his post as Secretary of Security under President Tarcisio de Freitas (Republican) to report on the project. He also said he had no intention of reversing the idea of equating sectarian crimes with terrorism. Although Delight’s document does not officially classify the factions as terrorists, it does state that their armed actions and territorial control would be treated as criminal terrorism, punishable by 20 to 40 years in prison.
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