Terceira versão do parecer busca superar divergências geradas pelas versões anteriores
O relator do projeto antifacção na Câmara dos Deputados, Guilherme Derrite (PP-SP), apresentou nesta terça-feira (11) um novo parecer ao pacote de enfrentamento ao crime organizado enviado pelo governo.
Nesta terceira versão, Derrite tira alterações na Lei Antiterrorismo e nas atribuições da Polícia, que estavam presentes nas versões anteriores e estavam causando divergências na Câmara.
Governistas se queixavam principalmente que Derrite — deputado da oposição — buscava equiparar as facções criminosas com grupos terroristas, o que, na visão do Palácio do Planalto, deixaria o Brasil vulnerável à interferência externa. Também não agradava o governo e a Polícia Federal mudanças nas atribuições da corporação propostas por Derrite. A PF temia perder autonomia em investigações.
O texto atual endurece penas, cria tipos penais específicos para ações de facções e amplia instrumentos de investigação, mas não altera a Lei Antiterrorismo e não mexe nas regras que tratam das atribuições da Polícia Federal.
O projeto tramita em urgência constitucional e está pronto para ser votado em plenário, o que deve ocorrer nesta quarta-feira (12).
Versões preliminares discutidas nas últimas semanas chegaram a sugerir ajustes na Lei 13.260/2016, que define terrorismo no Brasil.
Derrite afirma no parecer que a tipificação de terrorismo segue distinta da atuação de facções criminosas e que unir os dois conceitos poderia gerar “insegurança jurídica” e questionamentos no Supremo Tribunal Federal.
Assim, o texto antifacção não altera definições, penas ou hipóteses da lei atual, nem cria vínculos formais entre crime organizado e terrorismo.
O relator também retirou trechos que tratavam de “proteção da soberania nacional” e poderiam abrir margem para ampliar o papel da Polícia Federal em operações e investigações que hoje cabem às polícias estaduais.
O substitutivo não cria novas competências para a PF nem mexe na divisão constitucional de funções das forças de segurança.
Toda a parte operacional permanece regulada pelos marcos em vigor.
O parecer de Derrite propõe um marco legal autônomo para o combate a organizações criminosas. Entre os principais pontos, estão:
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