Delight will provide an independent opinion and respond to two key government demands in the anti-sectarian project. policy

Government officials deemed these two points “non-negotiable.” The change was made following criticism from experts from the executive branch, the Federal Police, the Federal Revenue Service, coalition bases, and members of Congress, who pointed to the weakening of the PF and the risks to Brazil’s sovereignty when equating organized crime and terrorism.

In his previous opinion, Mr. Delight inserted two provisions into the anti-terrorism law that equated acts of sects and militias with terrorist crimes. Along with this, changes were also made to the actions of the federal police.

“With the adoption of a voluntary dispensation, there is no need for explicit provisions regarding the powers of the prosecutor’s office, the federal police and the state judicial police, since this is not a crime defined in the anti-terrorism law, and the constitutional and legal rules already in force are fully applicable. Articles 109 and 144 of the Federal Constitution and the Code of Criminal Procedure already set out precisely the criteria for powers according to the nature and scope of the crime.” Reporter of the document presented.

In his document, Delight argued that charges of armed territorial control, obstruction of public services, and assault on security forces would be punishable by 20 to 40 years in prison, as well as federal prison terms for sect leaders.

The opinion creates an autonomous law that covers categories such as territorial control, sabotage of public services, attacks on security forces, violent social control, attacks on armored vehicles, transport and prison facilities, hijacking of aircraft, and “new cangasos.”

“This legislative option strengthens legal security, avoids interpretive contradictions between criminal prosecution authorities, ensures more rationality in the system of combating organized crime and adequately distinguishes organized crime from the hypothesis of terrorism, without undermining the inter-state, international and inter-organizational cooperation provided for in the current regulations,” the report states.

Mr. Delight also predicted the creation of national and state banks for members of criminal organizations, as well as the continued automatic disqualification and loss of prison benefits for inmates’ families.

This document specifies security measures and asset blocking that enable seizure, seizure, and unavailability of physical, digital, and financial assets. It also provides for communication obligations with financial regulators and the possibility of international cooperation to track offshore resources.

The rapporteur maintained some changes already made in the government’s original plan, such as removing a clause that provided for a potential reduction of one-sixth to two-thirds of a sentence if the defendant is a first-time offender, has a previous conviction, and does not hold a leadership role in a criminal organization.

“This is a device that creates a sharp contradiction with the normative purpose of the penalty set: it would establish a mitigation mechanism in which fines are increased in order to curb collective danger, while at the same time the punitive effect can be stripped away,” he justified, saying that the proposal represents a technical contradiction with the essence and purpose of the project.

In an earlier interview with reporters, the deputy prime minister said he believed the reforms would overcome the doubts raised by the government. Delight labeled this interpretation a “false narrative” and said the changes were aimed at accelerating the issue in Congress.

“So, not only to approve it here in the House of Commons, but to create a political space so that it can move forward in the Senate, be approved, and not be challenged in the judiciary,” the rapporteur said in justifying the changes to the document. “What belongs to the PF will be preserved and what belongs to the state police will be preserved,” he added.