Penalty for anti-faction is greater than for terrorism, says Gakiya about classifying criminal factions as terrorists
Brazilian authorities push back against U.S. efforts to designate local criminal factions as terrorist organizations, arguing the classification could have detrimental effects.
Brazilian officials are engaging in dialogue with the United States regarding the proposed classification of local criminal organizations such as Comando Vermelho (CV) and Primeiro Comando da Capital (PCC) as terrorist factions. Lincoln Gakiya, a prominent prosecutor from the Special Action Group to Combat Organized Crime (Gaeco) in Presidente Prudente, has been at the forefront of these discussions. He emphasizes that this classification is not only unnecessary but could complicate the legal framework surrounding organized crime in Brazil.
Gakiya points out that the penalties associated with anti-faction laws are already more severe than those for terrorism, suggesting that the U.S. definition may not accurately reflect the Brazilian context. He also highlights that many of these organizations engage primarily in criminal activities rather than ideologically motivated terrorism. This distinction is critical, as labeling them as terrorists could lead to harsher international scrutiny and potential sanctions that may hinder local law enforcement efforts.
The discussions come at a time when the U.S. is keen to address the drug trafficking and organized crime that spill over into North America, particularly from Brazil. As consultations between U.S. officials and Brazilian authorities continue, it remains crucial for Brazil to assert its own legal definitions and resist external classifications that could undermine its judicial processes and law enforcement approaches against organized crime.