The proposal will still head to the Senate floor this Wednesday under an urgent procedure and, if approved, will return to the Chamber of Deputies because it was modified in the Senate.
Rapporteur Senator Alessandro Vieira (MDB-SE) explained that the central objective is to confront factions and militias that exert armed control over entire communities, imposing rules, intimidating residents, and blocking the presence of the State. According to him, the country needs an effective and modern response to reclaim areas dominated by violent criminality.
“Everything was built with the goal of addressing one of the great challenges of our time, which is the escalation of organized crime across the country’s territory and economy. The bill increases penalties, introduces new enforcement tools, and reinforces funding for public security,” said Alessandro Vieira.
The bill includes the creation of a fund to finance efforts against organized crime, imposing the CIDE-Bets tax on sports betting operators. If approved as drafted, 15% of the amount deposited by bettors will be directed to combating criminal factions. The Central Bank estimates that this total could reach R$ 30 billion (US$5.5bn).
In a public statement, the Brazilian Institute of Responsible Gaming (IBJR) argued that CIDE-Bets would be “a bonus for illegal operators” and a dangerous “reverse effect” that benefits only organized crime.
Penalties for factions and militias
The bill increases penalties for crimes committed by criminal factions or private militias. For example, homicides committed by members of these criminal organizations because of their affiliation will carry a prison sentence of 20 to 40 years.
The approved text defines a criminal faction as “a criminal organization that operates by controlling territories or acts across state borders using violence, coercion, threats, or other intimidating means.” Joining or financing these organizations may result in 15 to 30 years in prison, plus fines and other penalties for associated crimes.
The proposal modernizes intelligence tools, allowing the use of environmental wiretapping, spyware, undercover agents, and fictitious identities, always with judicial authorization and safeguards for oversight and proportionality. It also eases search procedures in faction-controlled areas when sufficient evidence exists and establishes shorter deadlines for concluding investigations.
Witness protection
The approved version maintains the Jury Court as the body responsible for trying homicides linked to organized crime, with safety measures for jurors and witnesses, such as confidentiality of personal data and the possibility of remote questioning via videoconference. The rapporteur argued that the constitutional guarantee of jury trials cannot be overridden by ordinary law.
With the urgency request granted, the bill may be voted on at any moment by the Senate floor. If approved, it will go back to the Chamber of Deputies for another vote, as the Senate introduced changes.
Source: GMB
