The Brazilian Senate unanimously approved the Anti-Faction Bill on Wednesday, December 10, with 64 votes in favor and none against. The bill, reported by Alessandro Vieira (MDB-SE), toughens penalties for organized crime and establishes a tax on online bets to fund efforts against factions. The proposal returns to the Chamber of Deputies for review of the changes.
The Senate plenary approved Bill 5.582/2023, known as the Anti-Faction Bill, on the evening of December 10, aimed at combating organized crime in Brazil. Rapporteur Alessandro Vieira (MDB-SE) presented a substitute that reinstated the criminal offense of 'criminal faction,' defined as an organization acting through territorial control or interstate operations via violence or intimidation. The text raises the base penalty for promoting, constituting, financing, or joining a criminal faction to 15 to 30 years imprisonment, plus a fine, which can double for leaders or in homicide cases, reaching up to 120 years in aggravated situations.
Vieira vetoed controversial changes made in the Chamber by Deputy Guilherme Derrite (PP-SP), such as equating factions to terrorist groups and unconstitutional restrictions on prisoners' voting rights or confinement aid. The bill equates private militias to factions, imposes stricter regime progression, and requires leaders to serve sentences in federal maximum-security prisons. Aggravating factors include public servant involvement, transport disruptions, or drone use.
To decapitalize crime, the text eases asset forfeiture and financial reporting to Coaf, the Central Bank, and the Federal Revenue. It creates the Cide-Bets, a 15% tax on transfers from individuals to online betting houses, projected to raise R$ 30 billion annually, allocated to a specific fund for preventing and repressing organized crime, separate from the National Public Security Fund.
Justice Minister Ricardo Lewandowski praised the report as 'highly satisfactory,' noting the incorporation of government suggestions after six months of consultations. Senators from both the ruling coalition and opposition supported it: Carlos Portinho (PL-RJ) said it improved the Chamber's text, while Teresa Leitão (PT-PE) called it a 'milestone toward a civilized relationship' in Brazil. The bill now returns to the Chamber, which will decide whether to uphold the changes before sending it to President Lula for approval or veto.
