Tougher Penalties and New Framework for Combating Organized Crime

In a decisive move to bolster the nation’s fight against organized crime, Brazil’s Chamber of Deputies overwhelmingly approved the Projeto de Lei Antifacção (PL Antifacção) on Tuesday, November 18, 2025. The vote saw 370 deputies in favor, with 110 against and 3 abstentions, signaling strong cross-party support for enhanced measures against criminal syndicates.

The comprehensive bill, which now proceeds to the Senate for further deliberation, aims to significantly toughen penalties and create a new legal framework for combating organized crime. The approval represents a key legislative victory for Chamber President Hugo Motta (Republicanos-PB) and the bill’s rapporteur, Captain Guilherme Derrite (PP-SP).

Despite previous disagreements with the administration of President Luiz Inácio Lula da Silva (PT), the vote proceeded, ultimately retaining a central point of contention regarding the division of assets seized from criminal organizations. This particular clause had faced opposition from the Executive Branch and the Federal Police (PF).

Asset Seizures and Fund Allocation

A significant provision of the approved PL Antifacção outlines a new system for allocating funds derived from seized assets. The proposed structure aims to streamline and clarify the distribution process:

• State Police Investigations: Funds will be directed to the respective state’s Public Security Fund.
• Federal Police Investigations: Proceeds will be channeled to the National Public Security Fund.
• Joint Operations (Federal and State/District Police): In cases of collaborative efforts, the seized assets will be divided equally, with 50% allocated to the national fund and 50% to the state (or Federal District) fund.

This distribution model represents a shift from an earlier version where a portion of the PF’s share was earmarked for an internal fund, the Funapol. The revised text now directs these funds to the broader National Public Security Fund, a move aimed at greater transparency and unified national strategy.

However, the federal government and the PF continue to express concerns, advocating for all seized assets to be directed exclusively to federal funds, aligning with current legislation for the National Public Security Fund.

Enhanced Penalties and Definition of “Ultraviolent” Organizations

The legislation introduces significantly harsher penalties, establishing sentences ranging from 20 to 40 years for affiliation with criminal organizations. Crucially, these offenses are deemed ineligible for amnesty, grace, pardon, or conditional release, with bail also prohibited.

Penalties are further aggravated by up to two-thirds for individuals who assume leadership roles, finance criminal activities, utilize restricted weapons, or perpetrate violence against authorities or vulnerable populations.

A notable aspect of the bill is the mandatory placement of convicted or detained leaders and heads of gangs in federal maximum-security prisons. This measure targets the core leadership structure of these criminal enterprises.

Redefining Criminal Structures and Financial Disruption

The PL Antifacção also introduces a refined definition of criminal organizations, creating a specific category for “ultraviolent criminal organizations.” This designation applies to groups comprising three or more individuals who employ violence, grave threats, or coercion to establish territorial control, impose social dominion, intimidate communities or authorities, and attack essential services or infrastructure.

In a critical change aimed at disrupting the financial backbone of these groups, the bill modifies the rules for asset blocking. Previously, confiscation was contingent upon a final court ruling. The revised text now permits the pre-trial seizure of assets by judicial order when there is a concrete risk of concealment, transfer, or dissipation, provided the defense cannot prove the lawful origin of the funds.

This alteration is designed to accelerate the financial strangulation of criminal factions, preventing assets from disappearing before legal proceedings conclude—a key objective for the Executive Branch.