Senate CCJ approves projects that reinforce the fight against organized crime

The senators of the Constitution and Justice Commission (CCJ) approved this Wednesday (10) two bills that reinforce measures to combat organized crime, such as the assimilation of factions and militias to acts of terrorism and the criminalization of planning attacks against agents public.

The bills were approved on a terminating basis and will go on to be analyzed by the Chamber of Deputies, unless there is an appeal for voting in plenary.

The first project, authored by Senator Stvenson Valetim (Podemos-RN), expands the list of crimes that are now classified as terrorist actions, with changes in legislation on Anti-terrorism, Anti-drugs, Criminal Organizations and the Penal Code itself (see full).

Whoever constitutes, organizes, integrates, maintains or funds a paramilitary organization, private militia, group or squadron, for the purpose of committing a crime and practicing narcotics trafficking, becomes considered terrorists. The legislation also broadens the definition of militias to “any group organized for the commission of crimes”. The penalties for these crimes are now five to ten years in prison and fines that can reach R$ 3,000.

The proposal also increased the sentence for criminal organizations that threaten the State and its institutions from eight to 12 to 30 years. Among the conducts is the creation of obstacles that limit the circulation of people, goods and services to “exercise parallel power”, and the maintenance of “territorial monopoly, any other type of social control or parallel power” with the use of violence or threat.

Criminalization, however, does not apply to the individual or collective conduct of people in political demonstrations, union, religious, class or professional category movements, directed by social purposes or claims. It also does not apply to acts with the aim of contesting, criticizing, protesting or supporting, with the aim of defending constitutional rights, guarantees and freedoms, without prejudice to the criminal classification contained in the law.

threat to authorities

The second project approved by the CCJ was proposed by Senator Sérgio Moro (União Brasil-PR) after the threat of kidnapping by the criminal faction PCC, in March. At the time, the parliamentarian stated that he would propose a bill to typify the crime of action planning against public agents who combat organized crime, since this act was not foreseen in the Penal Code (see in full).

The project also determines the protection of active judges and members of the Public Prosecutor’s Office, retirees, family members threatened by criminal organizations and also police officers and their families.

According to information from the Senate, the bill makes three changes to the legislation dealing with organized crime. The first characterizes the crime of obstructing actions against organized crime by “promising or granting an advantage” or through violence, with a penalty of four to 12 years in prison and a fine. If violence or a serious threat is attempted or executed, the penalty for obstruction is added to that provided for the new crime committed.

The second amendment describes the crime of conspiracy to obstruct actions against organized crime against public or private agents, also with a sentence of four to 12 years in prison and mandatory relocation of the provisional prisoner or the convict to a maximum security federal prison.

Finally, the text provides for imprisonment of three to eight years for anyone who prevents or attempts to obstruct the investigation of a crime involving a criminal organization, provided that it is not done through a more serious crime, in which case the penalty for the most serious crime is applied. . Today the law does not make this exception.