The Ministry of Foreign Affairs assessed that a possible decision by the United States to classify Brazilian criminal factions as foreign terrorist organizations poses risks to national sovereignty and could open the way for forms of external intervention.
The position is contained in an official response sent by Chancellor Mauro Vieira to the Chamber of Deputies, in a document obtained through a request for information presented by deputy Evair Vieira de Melo (Republicanos-ES). The document was examined by the Brazil in fact.
Although Itamaraty reports that there was no formal communication from the US government about the intention to classify the Comando Vermelho (CV) and the Primeiro Comando da Capital (PCC) as terrorist organizations, the ministry makes it clear that the Brazilian government follows the debate and considers that a possible adoption of the measure would have relevant diplomatic, economic and legal consequences.
According to the letter, “the Brazilian government has expressed its opposition to this measure”, despite recognizing that the classification is a “unilateral act” by the United States and, therefore, does not require a formal statement from Brazil.
Classification as terrorism expands the scope of US operations
The discussion gained strength after US authorities began to defend that large transnational criminal organizations should be classified as Foreign Terrorist Organizations – FTOs. The framework expands legal instruments available to the United States government, such as financial sanctions, immigration restrictions and criminal measures with extraterritorial reach.
In Itamaraty’s assessment, however, this framework would not bring concrete gains to cooperation between Brazil and the United States, since the currently existing mechanisms already allow joint actions against organized crime, including exchange of information, combating money laundering, seizure and return of assets. The ministry maintains that the change would serve mainly to expand the effects of US legislation on Brazilian people and institutions.
In the response sent to Congress, the Ministry of Foreign Affairs states that the measure could “have relevant impacts on both the economic and national sovereignty levels”. The text adds that treating the factions as terrorist organizations “will not bring concrete benefits to international cooperation between the US and Brazil in combating organized crime”, precisely because US legislation already offers sufficient instruments for police and judicial cooperation.
The document also highlights that the classification could produce “negative consequences for Brazilian citizens in financial, migratory and criminal terms”. He then issues the most scathing warning of the official statement: “Finally, there is the possibility of using United States military force on Brazilian territory.”
For Itamaraty, this possibility reinforces concerns about the preservation of Brazilian sovereignty. The ministry reports that bodies in the areas of public security, intelligence and justice participated in coordinating the federal government’s position and reached a common understanding that the classification of factions as terrorists “is not only inappropriate from a legal point of view, but also does not add benefits to international cooperation in combating transnational organized crime”. The response concludes that “the measure also represents concrete risks to national sovereignty”.
Despite criticism of the possible United States initiative, Itamaraty states that the Brazilian government has intensified international cooperation against transnational criminal organizations. Among the actions mentioned are the election of Federal Police delegate Valdecy Urquiza to the General Secretariat of Interpol, the creation of the Special Commission on Public Security and Transnational Illegals of the Amazon Cooperation Treaty Organization (ACTO), the signing of a cooperation agreement between the Federal Police and Europol and new treaties to combat organized crime with several countries. According to the ministry, these initiatives are conducted “based on respect for the rule of law and national sovereignty”.
Deputy Evair Melo (Republicanos-ES) told the report that “Itamaraty’s response is very far from clarifying the facts. The Ministry limited itself to fulfilling a bureaucratic formality, but failed to respond to what the National Congress actually asked. On several occasions, it replaced objective information with generic statements.”
Source: www.brasildefato.com.br
