The Chamber of Deputies approved the Anti-Faction Bill on Tuesday (24/02), but removed a provision inserted by the Federal Senate that would have taxed sports betting to fund efforts against organized crime. This was one of the few Senate changes still present in the latest report by Guilherme Derrite (PP–SP). The final version, now sent to the president for sanction, largely restores the text approved by the Chamber in November. The bill again creates autonomous criminal offenses, specifically the crimes of “structured social domination” and “facilitating structured social domination.” Derrite argues these should be standalone legal categories, with clearly defined elements, to confront the territorial control exercised by criminal factions.
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Senate Version
In the Senate’s version, those autonomous crimes were removed, and new criminal offenses—such as the crime of “criminal faction”—were inserted directly into Brazil’s Organized Crime Law, rather than being kept in separate legislation with penalties ranging from 15 to 30 years. According to Derrite, the Senate’s approach made the text “more interpretive and less objective,” increasing the risk of inconsistent rulings across different courts.
Structured Social Domination
“Structured social domination” targets the direct perpetration of territorial and social control by members of ultra-violent criminal organizations, militias, or paramilitary groups. The proposed penalty ranges from 20 to 40 years in prison. The offense of “aiding and abetting structured social domination” addresses those who support or facilitate the existence and maintenance of the domination imposed by a faction, without necessarily taking part in direct violent acts. The proposed penalty ranges from 12 to 20 years.
Criminal Organization
The proposal defines an ultra-violent criminal organization (also referred to as a criminal faction) as a group of three or more people who use violence, serious threats, or coercion to impose territorial or social control, or to intimidate populations and public authorities.
Several Versions
The first version of the report presented when the bill returned to the Chamber was filed late on Tuesday (24/02), but it was quickly replaced by another. During the bill’s earlier passage, Derrite presented six different versions. The text was approved by symbolic vote at around 23:00. The only item removed was the 15% levy on transfers from individuals to online sports betting platforms, which would have been earmarked for the National Public Security Fund (FNSP). The amendment to strike the tax was introduced by the large bloc that includes parties such as PP and União Brasil. Initially, the PL had advised against the bill, but later reversed course and released its caucus to vote as they wished.
Approved Text
The approved text provides that proceeds from investigations led by the state Civil Police forces will be allocated to the relevant State Public Security Fund, while proceeds from investigations led by the Federal Police will go to the FNSP. In joint investigations, the division of resources will be equal among the agencies involved. Derrite’s original draft had drawn criticism from the Lula government for potentially reducing federal funds used to combat crime, including resources directed to the Federal Police. The report also reinstated penalties for preparatory acts, cuts to benefits such as prison allowances, and a ban on voting for people held in pretrial detention—provisions removed in the Senate after being deemed unconstitutional. Article 15 of the Constitution states that the loss or suspension of political rights can only occur in cases of a final criminal conviction, for as long as its effects last.
Analysis:
The approval of the Anti-Faction Bill marks a significant escalation in Brazil’s legislative response to organized crime, particularly in addressing territorial control exercised by criminal groups. By reinstating the autonomous offenses of “structured social domination” and “facilitating structured social domination,” the Chamber opted for a model that treats factional governance as a distinct and aggravated threat to the constitutional order. This approach reflects an understanding that certain criminal organizations operate beyond conventional profit-driven crime, establishing parallel authority structures in specific territories. Creating standalone categories with high penalty signals an intention to frame these dynamics as systemic challenges rather than isolated criminal acts.
The removal of the proposed levy on sports betting transactions highlights the political economy dimension of anti-crime policy. Funding mechanisms are central to sustaining investigative capacity, yet resistance to new taxation reveals competing fiscal and partisan priorities.
Sources: G1; O Globo; A Folha de SP.
