Feb 28 • 01:00 UTC 🇧🇷 Brazil Folha (PT)

Between failures and successes, the Antifaction PL is approved

The Antifaction PL was approved in Brazil's Chamber of Deputies, raising concerns about its effectiveness against organized crime.

The Antifaction PL, which aims to enhance penalties in relation to organized crime in Brazil, was approved by the Chamber of Deputies. Critics argue that the changes lack evidence and may worsen rather than improve legislation, particularly given the introduction of new types of crimes, such as 'structured social domination' and 'favoring structured social domination.' These terms, which were removed in the Senate, have raised concerns regarding their ambiguous compatibility with existing laws, especially the Law on Criminal Organizations.

The legislative adaptations include crimes that extend the definition of illegal behaviors connected to organized crime, which could lead to disproportionate punishments, especially given Brazil's high incarceration rates and the inefficiency in accurately targeting leaders of criminal organizations rather than peripheral figures. The proposed penalties for 'favoring structured social domination' can be as severe as 20 years, aimed at punishing supportive actions that are not directly violent.

Overall, the enactment of the Antifaction PL represents an ongoing struggle within Brazil’s legal framework to effectively address the persistent issues of organized crime. However, many legal experts warn that without a data-driven approach, such legislative actions could further complicate the landscape of criminal justice, inadvertently failing to address the root causes of crime and misallocation of resources in law enforcement.

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