Brazil & Southern Cone - February 2020

The so-called ‘anti-crime package’ came into force in Brazil on 23 January. The new legislation is a heavily modified version of the bills which Justice & Public Security Minister Sérgio Moro had presented to congress as his flagship public security initiative in February 2019.

Moro’s initial ‘anti-crime package’ aimed to update legislation relating to criminal punishments, police investigations, judicial proceedings and fighting corruption [SSR-19-03]. The final version approved last December leaves out the more criticised points of Moro’s project, while adding some new measures. 

The version which passed congress introduces stricter rules for prisoners’ regime progression, making it harder to be released on bail; increases the maximum prison sentence from 30 to 40 years; makes the immediate execution of a sentence after conviction by jury obligatory (jury trials are used only in cases of crimes against life in Brazil); defines whistleblowing; and updates rules on the confiscation of criminal goods, amongst other measures.

When he sanctioned the law on 24 December 2019, President Jair Bolsonaro vetoed several measures which had been introduced by congress. He notably rejected stricter punishments for crimes committed or disseminated on social networks; the classification as a homicide of any crime committed with a restricted-use firearm; and new rules on the collection and use of DNA information. Bolsonaro also modified the clause relating to the legal defence of public security officers who use lethal force.

A contentious point Bolsonaro did not veto was the creation of the figure of a ‘warranties judge’, but this has since been suspended indefinitely by the supreme court (STF). The measure, criticised by Moro, members of the judicial profession, and several political parties, would have split responsibilities between different judges with the aim of ensuring the impartiality of judicial processes.

Moro, who was initially critical of the many changes introduced by congress to his anti-crime package, celebrated the “important advances” of the law when it came into force in January. He has nevertheless promised to push for more and better legislation against crime and corruption in 2020.