Brazil Senate Panel Approves Public Security Amendment Without Betting Revenue Transfers

Brazil’s Senate Constitution and Justice Committee approved the core text of the public security constitutional amendment, but removed one of its most specific funding provisions: a transfer of betting revenue to national security and prison funds.

The committee approved the government-backed text in a symbolic vote on Wednesday. Senators began considering amendments, but ended the meeting when the Senate’s deliberative session began. The remaining changes are expected to be voted on only after the elections.

The amendment changes the responsibilities of the federal government, states and municipalities in the fight against crime. It provides tougher criminal treatment for members of criminal factions and protects states from federal influence over the direction of public policies, reversing the approach in the original proposal drafted by then-Justice Minister Ricardo Lewandowski.

The text would also give the Federal Police authority to investigate criminal offenses against the social order or involving federal property, services and interests. That scope includes environmental crimes, criminal organizations and private militias. A previous reference to offenses under military administration was removed by Mendonça Filho.

Senate rapporteur Rogério Carvalho removed the provision approved by the Chamber of Deputies that would have sent 30% of betting revenue to the National Public Security Fund and the National Penitentiary Fund. He added wording specifying that an amount equivalent to 10% of the Social Fund’s financial surplus would go to those funds.

The proposal reduces the federal government’s central role in coordinating national security policy. Instead of requiring the Union to maintain public security and social defense, it says the federal government will provide the means needed to maintain them, signaling funding rather than direct execution. States and municipalities would have their own councils and policies. Municipalities could create community police forces if they have the financial capacity, while states could establish task forces and organize the juvenile social-education system without federal participation. The amendment would also give Congress power to suspend regulatory acts by the executive branch, the National Council of Justice and the National Council of the Public Prosecutor’s Office when they exceed their authority.