What is Sergio Moro's plan to fight organized crime and corruption in Brazil?

Sergio Moro met on Monday with the authorities of the Chamber of Deputies of Brazil and a group of governors in order to ask for help for a law reform project with which he intends to strengthen the fight against crime.

The Minister of Justice said at a press conference that the project aimed to strengthen the action against organized crime, corruption and violent crime.

With regard to the measures for guarantee the provisional execution of the criminal sentence after the trial in the second instance -a matter that will be dealt with in April by the Supreme Court-, the bill proposes that "when a conviction will be pronounced, the court will decide on the provisional execution of the custodial sentences, restrictive of the right of ownership or pecuniary, without prejudice to the knowledge of the resources that are interposed "(Article 617).

"The court may exceptionally not authorize the provisional execution of sentences if there is a relevant constitutional or legal problem, whose resolution by the Superior Court could plausibly lead to a review of the sentence", adds -t it.

In addition, according to article 283, "no one shall be imprisoned except in the act or on the written and reasoned order of the competent judicial authority, following a detention preventive action or a criminal conviction pronounced by a court ".

C & # 39; is to say, those who are sentenced in the second instance may be imprisoned "on an interim basis" if the collegiate court so decides. They could only appeal in freedom.

To reinforce the efficiency of the Court of the Jury, Moro urges that Article 421 of the Code of Criminal Procedure be amended: "Proferida the decision of pronunciation and any embargoes of the declaration, the cases will be referred to the the judge of the court of first instance., regardless of the interposition of other resources, this will not interfere with the trial. "

"In the presence of a factual circumstance changing the clbadification of the crime, the judge will order the referral of cases to the prosecutor."

The third part of the project refers to the measures "change the rules of the judgment of embargoes". The convicted person must pay the fines imposed within ten days from the start of the final execution.

With regard to the fight against violent crime, the bill considers a "legitimate defense" the intervention of a police officer who ", in armed conflict or threatened by imminent armed conflict, prevents any unjust aggression against him or others".

"We do not expand the legitimate defense, we only make it clear that certain everyday situations configure a legitimate defense (…) This is already done in practice," Moro said.

In the project, it is established that it is a legitimate defense in the following cases: when the police or a public security officer prevents aggression against another person during an armed conflict "or in imminent danger of armed conflict". And the other, when the police or the public security officer "warns of aggression or risk of aggression against a victim taken hostage during a criminal practice".

This represents a relaxation of sanctions for security guards. However, each case must be badyzed by the judges. Moro said that this does not give a "license to kill" to the uniform.

In turn, the Minister of Justice proposes to streamline the procedural procedures, "whose slowness also leads to impunity."

On the other hand, to "strengthen respect for sentences," Moro proposes that, through amendments to section 33, "in the case of a repeat offender convicted or with evidence indicating habitual, repetitive or professional criminal behavior, the initial penalty regime will be closedunless the past criminal offenses are insignificant ".

This project includes those found guilty of pbadive, active and embezzlement corruption.

This is intended to put an end to the current system whereby who is serving a sentence of less than eight years may apply for semi-open custody or house arrest.

One of the main concerns in Brazil is the growing activity and the threat of criminal organizations. In his project, Moro expanded the concept of these groups and called for tougher sentences for their leaders and members, who should be sent to maximum security prisons. They too can not enjoy semi-open diets.

Among the organizations cited by Moro are Primeiro Comando da Capital (PCC), Comando Vermelho, Terceiro Comando, Amigos dos Amigos (ADA), the North family and militias composed of former corrupt officers.

The Minister of Justice also plans to tighten sentences for crimes committed with a firearm, as well as the creation of a gene bank with DNA condemned.

The project also proposes to allow "clandestine operations" of police officers, who could infiltrate criminal organizations in order to obtain information and evidence of their activities.

The bill provides for measures to improve the "losses" of the person convicted of the "proceeds" of the crime: "Article 91 bis In case of conviction for offenses for which the law provides a maximum penalty of more than six years d & # 39; imprisonment, the loss, as a product or benefit of the crime, of badets corresponding to the difference between the value of the convicted person's badets and those which are compatible with his legitimate income may be decreed. "

However, "the convict will have the opportunity to demonstrate the non-existence of the incompatibility or the lawful origin of the heritage".

The measures presented to the Congress also provide that the judge may authorize, "verified the public interest", the use of property sequestered, seized or subject to any measure of the organs of public security for exclusive use in activities of prevention and repression of criminal offenses.

The package also presents proposals to avoid prescription.

Another sensitive subject is related undeclared campaign funding, in which the Workers Party (PT) was involved in the elections won by Dilma Rousseff.

The bill establishes that "to collect, maintain, mobilize or use undeclared values ​​from the electoral justice for political campaigns" – known as "Box 2" – it will cease to be an electoral crime and it will become a crime. This would lead to increased sentences for convicts.

Moro also proposes that the interrogation system be modified by video conference: "The judge may, by reasoned decision, of the office or at the request of the parties, proceed to the interrogation of the prisoner by videoconference or by any other technological means for the transmission of sound and images in real time, provided that the measure is necessary to fulfill one of the following objectives: to answer the question of public order or the avoid the cost of traveling or escorting prisoners ".

The new system proposed by the Minister of Justice also includes the figure of "informant of the property", thanks to which the accused can enter into an agreement with the authorities, providing them with information, in exchange for certain benefits, such as the reduction of sentences.