The Ministry of Justice published a memo on Wednesday this week stating that the third version of the Anti-Faction Project, submitted by Deputy Rapporteur Guilherme Delight (PP-SP), “financially weakens” the federal police. The ministry also classified several aspects of the proposal as “unacceptable legal and institutional setbacks.”
According to MJ, the new opinion provides for the general allocation of resources resulting from the seizure of assets from drug traffickers and members of criminal organizations to state or local public safety funds.
It is understood that if the investigation is carried out at the federal level, the money should be returned to the Fund for the Equipment and Operation of the Core Activities of the Federal Police (Funapol) and the National Prison Fund (Funpen). Therefore, the Department believes this aspect of the new opinion is unconstitutional and in violation of federal law.
For the department’s engineers, this document could result in a decapitalization of these funds, resulting in less funding remaining for federal police and federal prisons.
“Rather than creating measures to reduce organized crime capital, as outlined in the plan originally sent by the government to the Chamber of Commerce, the argument is that it will financially weaken the federal police and other Union security forces by diverting resources allocated to them into state funds,” the Justice Department statement said.
Minister Ricardo Lewandowski’s management prepared an anti-faction project and submitted it to Parliament on October 30th. The chamber’s president, Hugo Motta (R-PB), selected Delight to report on the project. He was placed on leave from his position as public security secretary in the São Paulo government. Since taking office, Delight has presented three different versions of the proposal, with a fourth in the works.
MJ also complained about the idea of enacting an “autonomy law” called the “Legal Framework to Combat Organized Crime” that would change other laws already in force, such as the “Criminal Organized Crime Act.” This could cause “real legal confusion,” according to the ministry’s engineers.
“This regulatory confusion could benefit criminals who are being investigated in cases that have already been initiated,” the department said.