Do you know the difference between a criminal organization and a terrorist organization?
1:48 The operation against Comando Vermelho in Rio, which ended with more than 100 dead, according to the state government, this Tuesday, the 28th, reignites the debate about classifying criminal factions as terrorist groups.
The Lula government and some public security experts oppose the classification, believing it lacks ideological motivation. The opposition – primarily the governor of São Paulo, Tarcísio de Freitas (Republicanos) – believes the classification will contribute to combating crime by facilitating the freezing of assets and international cooperation.
Currently, the Comando Vermelho and Primeiro Comando da Capital (PCC) are considered criminal organizations, according to Law 12.850/2013. This means they are seen as groups with a hierarchical structure geared towards committing crimes. Current legislation allows for wiretapping, plea bargains, and international cooperation agreements.
Following the massive police operation against members of the CV (Comando Vermelho) in the Alemão and Penha complexes, governors spoke out about the need to classify the factions as terrorist groups. Tarcísio stated that his team"will delve" into the debate. In practice, the governor intends to mobilize allies to bring the discussion to the National Congress, where proposals on the subject already exist."We will seek a broad consensus," Tarcísio stated in an interview with CNN.
The governor of Minas Gerais, Romeu Zema (Novo), also used social media to classify the groups as"terrorist factions".
To equate criminal associations with the crime of terrorism, it would be necessary to amend Law No. 13.260/2016, the Anti-Terrorism Law of 2016.
In the Chamber of Deputies, Bill 1283/2025, presented by Representative Danilo Forte (União-CE), is the most advanced proposal. Since its urgency was approved in May, it only needs the decision of the House Speaker, Hugo Motta (Republicanos-PB), to put the bill on the session agenda. The bill still needs to be voted on in plenary.
The text stipulates that "imposing dominion or control over a territorial area" is a criminal practice and should be prosecuted under anti-terrorism law.
The project also suggests "broadening the motivations for the crime of terrorism, specifying critical infrastructure and public utility services, and extending law enforcement to criminal organizations and private militias that carry out acts of terrorism."
In justifying the proposal, Forte cited the criminal attacks against internet providers that caused service"blackouts" in regions controlled by the CV in Ceará in March.
The Secretary of Public Security of São Paulo, Guilherme Derrite (PP), is expected to take a leave of absence from his position to return to the Chamber of Deputies, where he holds a seat, and report on the bill that equates criminal factions to terrorists. Nikolas Ferreira (PL-MG) had been designated as the rapporteur for the proposal, but he agreed to give way to Derrite.
Derrite arrived in Brasília on Tuesday to discuss the project's coordination. He is repeating the tactic used in March, when he was also dismissed from his position to report on the bill that ended the temporary release of prisoners from prisons."One of the reasons I'm here in Brasília today is to discuss the bill that aims to classify criminal organizations as terrorists. Those who throw grenades at police troops have no other classification," he stated in a video recorded for social media.
The federal government sees no ideological motivation in the factions.
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Recent pronouncements from the federal government point in a different direction. The Minister of Justice, Ricardo Lewandowski, believes that the PCC and CV do not possess the ideological inclination to be classified as terrorist groups."Terrorist groups are those that cause social and political disruption, have an ideological inclination, etc., which is not the case with criminal organizations," the minister explained last week.
The statements were made during the release of the Anti-Mafia project, a document from the Ministry of Justice and Public Security that changes some interpretations of the legislation on criminal organizations and toughens actions to combat factions. The text has been sent to the Civil House for evaluation and will still have to go through Congress.
The package is an attempt by the federal government to take a leading role in the issue of public security after obstacles were placed in the way of the Public Security Amendment, an integrated system of action by the federal, state, and municipal governments to combat organized crime. The Anti-Mafia bill also represents an alternative to the bill under discussion in the Chamber of Deputies.
The idea of classifying factions like the PCC and CV as terrorist organizations was on the agenda of a meeting between members of the Trump administration and the Department of Justice and Public Security in May. The Lula government rejected the proposal made by the Americans, who requested that the PCC and CV be categorized as terrorist organizations.
The delegation led by David Gamble claimed, according to reports from people involved to Estadão, that American legislation would allow for heavier sanctions against the two factions if they were framed in that way by the Brazilian government.
The Americans mentioned that the FBI (the American Federal Police) estimated that the PCC and CV were present in 12 American states, including New York, Florida, New Jersey, Massachusetts, Connecticut, and Tennessee.
The two factions have been using American territory to launder money, through Brazilians traveling to the country, according to members of Trump's entourage. They cited that 113 Brazilians had their visas denied by the United States Embassy after being identified as having links to the gangs.
'Classifying them as terrorists is utter nonsense,' says expert.
Framing criminal factions as terrorist groups is "utter nonsense," according to Samira Bueno, executive director of the Brazilian Forum on Public Security.
“We are not seeing terrorism. What Comando Vermelho and PCC do is for money. They want to make money. Again, there is an attempt to frame the problem in a distorted way because politics doesn't allow us to move forward. That's why we've seen this situation for so long in Rio de Janeiro,” he stated to Rádio Eldorado this Wednesday.
This is also the understanding of Márcio Christino, prosecutor for the Public Ministry of São Paulo and author of the book Blood Ties - The Secret History of the PCC. To illustrate his argument, the expert cites as an example of terrorism the attack by the Hamas group against Israel in October 2023, which triggered the conflicts in the Gaza Strip.
“This attack was not motivated by profit or financial gain. It was a political attack. PCC and CV adopt the format of cartels, a union of criminal interests based on drug trafficking,” he explains.
Former National Secretary of Public Security José Vicente Filho also disagrees with a possible new classification. In his view, the appropriate response is already provided for in the Anti-Mafia Package.
“Each crime will have its own response. There is no need to classify it as terrorist. The priority is to impose penalties that discourage criminal activity, ensuring that those responsible spend as much time as possible serving their sentences. This is already contained in the Anti-Mafia legislation,” says the expert.
See questions and answers on the topic:
What is the difference between a criminal group and a terrorist group?
Motivation is the main difference between the two. Generally speaking, terrorists act for ideological or political purposes, seeking a specific objective. Factions like the PCC, on the other hand, aim for profit, especially through drug trafficking, arms dealing, and financial crimes.
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The PCC is a criminal organization under Law 12.850/2013, which addresses groups with a hierarchical structure focused on committing crimes. This law allows for wiretaps, plea bargains, and international cooperation agreements to combat the faction.
What defines a terrorist group?
The Brazilian Anti-Terrorism Law (Law 13.260/2016) defines terrorism as the practice of violent acts with the purpose of provoking social or widespread terror, motivated by reasons of xenophobia, religion, political ideology, or prejudice.
Why is the designation important?
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Being classified as a terrorist group can trigger the freezing of financial resources and promote faster international cooperation, as well as impose harsher penalties on criminals.
Are there risks in this designation?
