O presidente Luiz Inácio Lula da Silva (PT) sancionou, nesta quarta-feira (29), uma lei para fortalecer o combate ao crime organizado e ampliar a proteção de autoridades e servidores públicos dessa área.
A medida entra em vigor nesta quinta-feira (30), data em que foi publicada no Diário Oficial da União.
A provada pelo Congresso Nacional, a nova legislação classifica duas novas modalidades de crime relacionadas à obstrução de investigações e ações contra o crime organizado:
obstrução de ações contra o crime organizado e conspiração para obstrução de ações contra o crime organizado.
Os crimes foram descritos com penas de reclusão de 4 a 12 anos, além de multa.
A lei também garante um reforço na segurança pessoal de autoridades envolvidas no combate à criminalidade, para ampliar a proteção a juízes, membros do Ministério Público, policiais e militares — inclusive aposentados —, bem como a seus familiares, quando estiverem sob risco em razão do exercício de suas funções.
A lei foi sancionada após a megaoperação no Rio de Janeiro mirando a facção criminosa Comando Vermelho (CV). Mais de 120 pessoas morreram, segundo autoridades estaduais.
O que mudou?
A medida promove uma alteração na legislação já existente.
Entre as mudanças, está a extensão expressa da proteção a profissionais que atuam nas regiões de fronteira, reconhecidas como áreas de maior vulnerabilidade e influência de facções criminosas e contrabando internacional.
O artigo 288 do Código Penal, que define o crime de associação criminosa, também foi alterado.
Agora, quem solicitar ou contratar a prática de crimes a membros de uma associação criminosa poderá ser punido com a mesma pena prevista para os próprios integrantes — de 1 a 3 anos de reclusão, além da pena pelo delito solicitado, caso este venha a ocorrer.
Especialistas em direito penal avaliam que a mudança fecha brechas utilizadas por mandantes que buscavam escapar de punições diretas, ao terceirizar a execução de crimes para organizações criminosas.
Tanto nos casos de obstrução quanto de conspiração, a nova lei determina que os condenados deverão iniciar o cumprimento da pena em presídios federais de segurança máxima.
O mesmo se aplica a presos provisórios investigados por esses delitos, o que, segundo o governo, busca reduzir a influência de facções dentro do sistema prisional estadual.
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