The House of Representatives is scheduled to vote on the Anti-Faction Bill (PL) this Wednesday (12/11), after House Speaker Hugo Motta (R-PB) and Rapporteur Guilherme Delight (PP-SP) withdrew two points criticized by the government as its author.
After a day-long meeting with government officials including Minister Ricardo Lewandowski, Justice Minister, Institutional Affairs Minister and Minister Gleij Hoffmann, Delight announced that he would abandon the anti-terrorism law reform and retain the Federal Police (PF)’s authority over the proposal.
About an hour later, São Paulo’s former public security chief released a new report confirming what he had predicted.
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Deputy Guilherme Delight
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Hugo Motta and the project’s rapporteur, Deputy Guillerme Delight (PP-SP), held a press conference on the legal framework to combat organized crime in the waiting room of the House of Commons.
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Guilherme Delight and Hugo Motta
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Press conference by Guilherme Derrite, PL Antifações reporter
Marina Ramos/Congresswoman
counter-terrorism law
Since the release of the first report, Delight has rejected opposition proposals to merge the government’s documents with another project that equates criminal factions with terrorist organizations.
Still, he suggested that armed action and territorial control promoted by sects would be subject to penalties similar to those applied to terrorist incidents, saying that according to Law No. 2, penalties range from 20 to 40 years in prison. 13,260, 2016.
The decision was harshly criticized by government supporters such as Parliamentary Party Leader Lindbergh Farias (RJ).
In the latest opinion, Delight maintained the same penalties but decided not to change the anti-terrorism law and not to enact an independent law. In his new proposal, he said the project would establish a “legal framework” to combat factions.
By leaving laws dealing with extremist groups unchanged, the document avoids openings for interpretation that could justify external interference in the country, the head of public security said.
Asked whether the changes represented a concession to the government, Delight said: “I am serving the public interest. What you call withdrawal, I call a strategy to properly punish organized crime in Brazil.”
scenario
- The Chamber of Commerce and Industry is scheduled to vote on the anti-faction PL this Wednesday (12/11) after Delight and Motta reconciled the points criticized by the government.
- After meeting with government ministers, Delight abandoned the idea of amending the anti-terrorism law and retained the jurisdiction of the federal police.
- The new opinion leaves anti-terror laws unchanged and creates a “legal framework” to combat factions while maintaining prison terms of up to 40 years.
- Following criticism, the rapporteur removed references to PF from the document. The government has expressed its support and will vote on the proposal this Wednesday.
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federal police autonomy
The original concept stipulated that the PF could only act in cooperation with the state police in cases of criminal factions and only upon formal request from the state governor. Lawmakers then included the following language:
“Federal law enforcement activities may include investigative, technical, operational, and intelligence support and are conducted on its own initiative and in coordination with competent state authorities upon reasonable request from the state police chief or competent state prosecutor’s office.”
On Tuesday this week, following criticism from businesses, Delight decided to remove references to PF from the document, the second such change by the reporter.
Government leader José Guimarães (PT-CE) in the House of Representatives gave a positive nod to the changes made by Delight, saying that if it depends on the base, a vote will be held this Wednesday.
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