Debate on classifying criminal factions as terrorists gains momentum in Brazil

A police operation in Rio de Janeiro that left 121 dead reignited the debate on classifying factions like PCC and CV as terrorist groups. A bill in the Chamber of Deputies, already approved in committee, proposes harsher penalties for members of these organizations. Neighboring countries reinforced borders in response to the incident.

The operation against the Comando Vermelho in the Penha and Alemão complexes in Rio de Janeiro ended with 121 dead, including four police officers, reigniting discussions on classifying Brazilian criminal organizations as terrorists. The incident prompted Argentina and Paraguay to strengthen border policing with Brazil and declare that they will consider the PCC (Primeiro Comando da Capital) and CV (Comando Vermelho) as terrorist groups to prevent criminal escapes.

The main difference between a criminal organization and a terrorist one lies in motivation: the former seeks economic benefits, while the latter acts on political or ideological grounds. In early September, the Chamber's Public Security Commission approved the bill by Deputy Danilo Forte (União-CE), equating factions and militias to terrorists. The proposal now moves to the Constitution and Justice Commission (CCJ).

Currently, the Criminal Organizations Law (Law No. 12.850) sets penalties of three to eight years for association, requiring a minimum of four members. The Antiterrorism Law (Law No. 13.260, from 2016 under Dilma Rousseff's government) imposes sentences of 12 to 30 years, even for isolated individuals, in closed regime, covering support acts like funding or promotion.

Right-wing governors, such as Cláudio Castro (PL-RJ), refer to the factions as “narcoterrorists”. The Lula government resists the classification due to fears of foreign interventions similar to those threatened by Donald Trump. The United States already designates groups like Venezuela's Tren de Aragua and Mexican cartels of Jalisco and Sinaloa as terrorists, and bombs vessels in the Caribbean used for drug trafficking. Minister Gleisi Hoffmann criticized: “Right-wing governors, voiced by Ronaldo Caiado, are investing in political division and want to put Brazil on the radar of Donald Trump's military interventionism in Latin America”.

The bill's rapporteur will be Guilherme Derrite (PL), São Paulo's Security Secretary on leave, replacing Nikolas Ferreira (PL-MG) and a pre-candidate for Senate in 2026.

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