Member of Parliament Guilherme Delight’s (PP-SP) opinion on the anti-faction bill exposed a combination of political miscalculations, technical failures and a botched attempt by the government and opposition to turn the security debate into an electoral asset in the run-up to 2026. This evaluation is based on what we heard from experts. value.
They also point out “legal noise” in the text that redefines concepts, changes the rules of resource distribution, and contradicts the parameters of the Ministry of Civil Service and international practice. In addition to failing to meet the four concerns highlighted by the Ministry of Justice, the report will also remove more than R360 million in funds currently allocated to union-controlled funds.
The government renewed its criticism of the latest version of the opinion submitted on Wednesday, saying the document retained changes that “restrict the actions of federal police and weaken the fight against criminal organizations.”
According to the document, resources allocated to public safety funds will be shared with the United States in the event of a local investigation. According to the government, this means that the union will only receive any funding if the investigation is carried out exclusively by the PF.
This brings the total impact to the three funds and two organizations to R$367.48 million. The biggest loss was to the National Anti-Narcotics Fund (Funad), which received R$271.9 million (74% of the total) this year. Next is the National Prison Fund (Funpen), which has already received R$65.1 million (17%). The third institution in terms of loss of resources is Hunapol, the Fund for the Equipment and Operationalization of the Core Activities of the Federal Police. This product has already received R$27.2 million (7.4%) of the total amount this year.
Leandro Pique, a professor at the School of Multidimensional Security at the University of São Paulo (USP), said the rapporteur’s attempts to redistribute the seized funds are problematic. “Currently, the PF receives 70% to 80% of these resources, and the proposal was moving in favor of the state. This has become a corporate discussion and will continue to be the subject of pressure,” he stresses.
Another topic of discussion is the language surrounding the expansion of asset forfeiture, Piquet explained. “A trend towards broadening the language and making it easier to request forfeiture is desirable in any legislation against organized crime. It is necessary to facilitate investigations in order to obtain evidence regarding criminal assets and to authorize the forfeiture of relevant assets,” he said.
Another point of concern was the creation of a legal figure for a “criminal sect” and the classification of the crime of participating in a criminal sect. For the government, this opinion downplays the concept and puts criminal factions in the background. They say the changes will create loopholes in the law, making it difficult to distinguish between common crimes and acts committed by organized factions.
The government claims its proposals are aimed at reinforcing investigative, intelligence and repression operations and financially suppressing these groups. The executive says the report undermines the tools used by the PF and the US and goes in the opposite direction.
The government also said Delight’s opinion on the “destabilization” of maximum security prisons was risky, noting that the document would “inject more criminals into the federal system” while removing resources from Humpen, “undermining the operational capacity of these units and increasing the risk of insurgency and loss of control.”
In Piquet’s assessment, the postponement of the vote was strategic. “This is a brake on tidying up. Leaders will talk, listen to veto voices and reach a decision. In the process, the importance of the government’s original project has increased in light of the rapporteur’s views.”
For him, the government’s original anti-sectarian PL, with its origins in the Public Ministry and inspired by Italy’s Palermo Treaty model, gives it a stronger conceptual foundation.
From a political perspective, the impasse over the document is against the backdrop of the 2026 election dispute. Political scientist Cristiano Noronha of Arko Advice said the large-scale police operation in Rio had alarmed the government, which recognized Lula’s declining popularity and launched daily investigations.
For his part, growing public concern over the violence led Planalto to quickly come up with a strong proposal, but his opponents were riding the wave and looking for a way to reclaim some political flag – having stalled in recent months on the amnesty issue and defending the role of PL-SP Eduardo Bolsonaro in clarifying the tariffs.
For Noronha, chamber president Hugo Motta (Republican, PB) is exhausted. Despite defending Delight’s choice to report the documents, the process has been marked by setbacks, tensions with the government and even complaints from opposition parties. “It appears that (Mr. Motta) is having a hard time getting his words across. It’s the president’s role to reassure him and give him room to negotiate. That hasn’t happened yet.”
Delight’s office said in a memo that the purpose of the project is to strengthen state and federal ministries responsible for police and investigative activities by regulating the allocation of resources. “Amounts seized from criminal organizations must be returned to the agencies that effectively conducted the investigation, in order to strengthen the performance of front-line public security personnel. The agent also explained that resources resulting from investigations conducted by the federal police themselves remain under federal responsibility.”
Delight’s memo also commented on the government’s project: “In fact, the government’s PL has reduced penalties. It has created a so-called ‘privileged criminal organization’ and allowed the sentences of key members to be reduced by up to two-thirds.” He added, “This means that members of a faction can serve 18 months in prison under an open system, which is the opposite of harsher punishment.” With the replacement of the reporter, this loophole has been closed and 11 new serious crimes have been created. “If a person is found out, the criminal treatment will be strengthened and the punishment will be effectively strengthened. The prison term for members will be increased from 20 years to 40 years, and the prison term for the leader will be increased from 30 years to 66 years and 8 months. For the first time, the head of a criminal organization will be able to: He will serve 40 years in prison under a closed government. ”
Delight said in his memo that the document sent by the chief executive did not include effective capital reduction measures. “The fiscal measures were weak and could only be applied once the process had begun.
This alternative is much more powerful as it allows you to completely and instantly block products, assets, and values that are already under investigation, such as cards, PIX, banking, and crypto assets. Additionally, a self-governing civil action for loss of assets will be created. It is non-enforceable and allows illegal assets to be permanently sought, a measure the government had never foreseen. It also allows for allocations and early sales of assets to prevent orange companies from continuing operations. ”
Delight went on to criticize the government’s project. “Talking about surveillance without mentioning criminal benefits does not solve the problem. The government’s PL did not remove pardons, pardons, amnesties, conditional releases, and even allowed faster sentence progression. The rapporteur’s deputy will fix this, make it really tough and close the door on all of this. Eliminate pardons, pardons, pardons and conditional releases, and increase sentence progression from 70% to 85%.” This is the lowest level of sentences already proposed in Brazil, which would prevent sect leaders from staying in prison for short periods of time or regaining legal privileges. ”
“The government’s PL maintains the current system (which is fragmented and has little normative force) by simply extending the assumptions of Law 12,850/2013. It does not define the destination of seized assets,” Delight said in the note. It does not create clear rules for decapitation, it does not create an autonomous legal framework. Instead, it creates a completely new diploma with stronger interpretive powers and epitomizes a new type of organized crime (territorial crime). control, new cangasos, sabotage, attacks on financial institutions and prisons, etc.) and establish a complete regime for the destination of seized assets: in addition to the allocation between the PF and the state and the allocation to Hunapol and the Public Security Fund, turn the seized assets into an immediate public resource, ensuring the substantial financial disruption of criminal organizations and the use of these assets to strengthen security. ”
Deputy Sosthenes Cavalcante (RJ), PL leader in the same chamber, said: value The strategy would be to present highlights that strengthen the project and try to return to the relationship between criminal factions and terrorism. The government must act to negotiate outstanding issues. The summit on Tuesday (18th) will discuss a single topic and attempt to vote on a document. Until then, expect further changes in opinion. Motta was contacted but did not say anything.
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