After succumbing to pressure to change the anti-sectarian PL, Deputy Guilherme Delight (PP-SP) submitted a new document on Tuesday night (11th), the third time since the Executive’s document reached Parliament. The project was called “Legal Framework to Combat Organized Crime in Brazil”.
The new language creates the crime of structured social control, punishing members of criminal organizations, paramilitary organizations, or private militias who use violence to impose control over territory with up to 40 years in prison.
The document also establishes a national bank for national and state criminal organizations, creates an asset forfeiture mechanism, prohibits prison assistance to dependents of prisoners, and prohibits the disqualification of members of criminal organizations, paramilitary organizations, or private militias under the conditions set forth in the text.
Here are some points of the proposal that can be voted on in the House of Commons this Wednesday (12th).
The practice of any of the following acts committed by members of a criminal organization, paramilitary organization, or private paramilitary organization: Use violence to impose control over territory. Using firearms, explosives, or biological agents. impede the free movement of people and services; interfere with the actions of security forces; Imposing social regulations on economic activity. commit crimes against financial institutions and armored vehicles; Promote attacks on prison facilities. or interfere with transportation or essential public services (energy, hospitals, airports, databases).
Increased penalty
The fine can be increased from 1/2 to 2/3 if the agent exercises command/leadership, commits financial acts, uses violence against vulnerable people (children, the elderly, security personnel) or recruits minors.
Prohibition of isolation assistance
Dependents of prisoners of this crime (under discreet or private/semi-public regimes) are not entitled to confinement support benefits.
federal prison
In cases involving this crime, if there is concrete evidence that he exercises leadership, leadership, or is part of a command core of a criminal organization, paramilitary organization, or private militia, we will decide to sentence him to a maximum-security federal prison.
Crime of promoting structural social control (12 to 20 years in prison)
This crime is autonomous and consists of the performance of various acts aimed at supporting or supporting a structured social field or the organizations that practice it. Part of this crime includes, for example, promoting or creating, or participating in, a criminal organization, paramilitary organization, or paramilitary organization, or assisting them in any way, such as by providing shelter or support to a person who has committed or is in the process of committing a crime.
To perform acts, etc. stipulated by law.
violent crime
Structural social control and crimes that promote structural social control are considered heinous.
Prohibition of providing benefits
New crimes are not eligible for pardons, reprieves, pardons, bail, or conditional release.
Other extended inputs
For example, penalties for crimes such as murder (20 to 40 years), robbery (20 to 40 years) increase if committed by members of a criminal organization in connection with acts foreseen in structured social area crimes. Changes can also be seen in other crime types.
Progression of the regimen
This provision specifies the period of time required for progression, ranging from 70% of the sentence if the crime is a heinous crime and is a first offense to 85% of the sentence if the inmate is a repeat offender of a heinous crime or similar crime that resulted in death.
prison surveillance
Meetings in public or virtual meetings between inmates associated with criminal organizations and their visitors may be monitored by audiovisual capture and recording, subject to judicial authorization.
national organized crime bank
Creates a national bank for criminal organizations, militias, or private militias and calls for the creation of state banks that must be interoperable.
loss of assets
It aims to extinguish ownership and ownership of assets that are the direct or indirect product or benefit of illegal activities related to criminal organizations, criminal associations, or private militias. A judge, prosecutor’s office, or police chief can seize or seize assets before a final judgment is rendered in order to prevent criminal assets from being wasted by members of the organization.
Use of seized assets
Seized movable and immovable property may be immediately used by public security and criminal prosecution agencies until final disposal. Resources resulting from the final liquidation of lost assets must be allocated to state or local public safety funds.
ineligibility
The Clean Records Act would be amended to disqualify those regularly listed in national and state databases of criminal organizations.
infiltration
It details the steps to allow an associate to infiltrate a criminal organization in a particular case and to create and preserve a fictitious identity for the undercover police officer.
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