Andrei Rodrigues also warns that the proposal may create obstacles for the PF to act in operations like the ‘hidden carbon,’ hindering investigations and opening up gaps for judicial questioning and competency transfers.
This legislation in force would once again bring embarrassment for the Federal Police to act as we did in this operation known as Hidden Carbon. I have no doubt that, if this legislation were in force today, we would have difficulties carrying out another operation in these modules; lawyers would certainly question the jurisdiction, cooperation, integration, and attempt to transfer competencies, which could inevitably lead to nullity and loss of everything we have investigated.
The PF Director-General also disputes the equating of organized crime and terrorism, stating that they are distinct topics and that the change would overload the Federal Justice and the PF itself. It makes no sense; they are different objectives, different themes, and therefore, different means of investigation to carry out investigations. Now, being very pragmatic, for example, if the legislation equating organized crime with terrorism were in force today, all organized crime investigations would necessarily have to be transferred to Federal Justice, and, consequently, to the Federal Police for investigation. You can imagine the chaos this would generate in the entire country’s criminal justice system, this displacement of competencies. Federal Justice would have no way to handle it, nor would the Federal Police to investigate all actions involving organized crime throughout the country. So, whether from a sovereignty perspective, whether from a technical-legal perspective, no matter how you look at it, this equating is a major mistake and should not prosper.
What Does Derrite Want? The text of the rapporteur of the Anti-Faction PL, Guilherme Derrite (PP-SP), foresees communication to state authorities of any openings of PF investigations, which may compromise the confidentiality of actions. According to the column on UOL by Daniela Lima, Derrite changed the original proposal and conditioned the PF’s action in cases involving drug trafficking or militias to governors’ support requests, which, in the view of the PF, will not only prevent the opening of new operations but also hinder ongoing investigations’ progress.
The new text removes the obligation of approval from governors for PF investigations but states that ‘the action of the Federal Police (…) does not automatically transfer jurisdiction [for the analysis of the facts investigated] to the Federal Justice, with the processing and judgment falling to the Justice holding jurisdiction material for the case, according to the nature of the offense and the rules for fixing competence established in forceful procedural legislation.’ According to the investigation by Daniela Lima, technical experts at the Ministry of Justice believe that the new wording tries to restrict the investigation’s jurisdiction to state courts. The backdrop would be not only the advancement of investigations into organized crime infiltration in politics but also the dozens of cases of embezzlements already identified by the PF.
The attempt to submit the PF’s autonomy to political scrutiny comes at a time when the corporation is advancing not only in the investigation of the PCC’s ties to Faria Lima and the fuel sector but also in the interstate expansion of the Red Command, born in Rio, and its confrontation with the militia, which historically has ties to the police and the Rio de Janeiro government. UOL News airs from Monday to Friday in two editions: at 10 a.m. with Fabíola Cidral and at 5 p.m. with Diego Sarza. On Saturdays, the program is broadcast at 11 a.m. and 5 p.m., and on Sundays, at 5 p.m.
Where to watch: Live on the UOL homepage, UOL on YouTube, and UOL’s Facebook. The UOL Channel is also available on Claro (channel 549), Vivo TV (channel 613), Sky (channel 88), Oi TV (channel 140), TVRO Embratel (channel 546), Zapping (channel 64), Samsung TV Plus (channel 2074), and on UOL Play.
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