In a new report, Derrite continues to propose changes to the Anti-Terrorism Law, but seeks to restore powers to the Federal Police.
Brazilian Federal Police say they are following with concern the changes made by the rapporteur to the Anti-Faction Bill.
The new version of the report by Congressman Guilherme Derrite (PP-SP) for the Anti-Faction Bill maintains the strategy of making changes to the Anti-Terrorism Law, but makes specific adjustments compared to the previous version, in an attempt to return powers to the Federal Police.
Derrite created a specific type of crime for individuals who are not members of criminal organizations and who commit acts equivalent to terrorism. The penalty is 15 to 30 years — less than that applied to members of factions, which remains between 20 and 40 years.
The rapporteur continues to modify provisions of the Anti-Terrorism Law to include conduct attributed to factions, militias, and paramilitary groups.
The new text maintains the authority of state civil police forces to investigate these crimes, under the external control of the state Public Prosecutor's Offices. The Federal Police may act, but in a complementary capacity.
The Federal Police can participate on its own initiative, without depending on a request from the governor.
However, the text states that this participation "does not automatically transfer jurisdiction to the Federal Court," leaving the case under state jurisdiction, except in specific cases provided for by law.
The Federal Police's actions may include:
• upon a substantiated request from the civil police delegate or the state Public Prosecutor's Office;
• on their own initiative, provided they notify the relevant state authorities.
The text further states that cooperation should preferably occur through the Integrated Forces to Combat Organized Crime (FICCO) or other formal structures already provided for in the Unified Public Security System (SUSP), observing principles such as coordination, subsidiarity, and federative cooperation.
Globo




