The presented at least ten proposals for changes in legislation during times of crisis in public security in management (), but all of them remain at a standstill, whether within or within the government itself.
Only one of them, which classifies violence in schools as a heinous crime, but still has no prospect of voting in .
Despite having been presented at major events at the Palácio do Planalto, with the presence of Lula and as a solution to crises, the government itself has not been making efforts to approve these matters, particularly at a time when it is avoiding noise so as not to harm the progress of the economic agenda.
The Lula government’s public security management has been marked by a series of crises, including those of 2023, attacks on schools, mining in the Amazon, and an escalation of violence in states such as Bahia and Rio de Janeiro.
The topic, traditionally dominated by the right, is , according to a Datafolha survey published in December.
However, according to the president’s own allies and experts, the government has stopped prioritizing coordination for projects in this area, directing its focus mainly to economic issues.
An interlocutor at Palácio do Planalto points out that the government does not deny this and other agendas, but that preference has been given to the approval of proposals in the social area, which benefit the most needy, in addition to the proposals of Minister Fernando Haddad (Finance) .
The result of this is projects presented by the Ministry of Justice that are still stuck in the Civil House since the first month of the beginning of the administration, others are stuck awaiting dispatch from the President of the Chamber, (PP-AL), or that have barely been discussed in Congress.
The Ministry of Justice said, in a note, that all the normative acts prepared are being processed regularly, “in permanent dialogue with both the Civil House and the National Congress, in coordination with the Secretary of Institutional Relations”.
SRI points out that these themes are part of the federal government’s strategic agenda. However, despite being considered a priority for the Executive, the department emphasizes that they follow the legal and regulatory procedures of the Legislature.
In January 2023, in response to the coup attacks of January 8, among them, a PEC (Proposed Amendment to the Constitution) stood out for the creation of a National Guard for the Esplanada dos Ministérios and the Praça dos Três Poderes, an initiative which remains in the Civil House.
The proposal returned to the center of the debate after the , on Wednesday night (13), in Praça dos Três Poderes.
Interlocutors in the government, however, point out that the protection of public buildings and assets is one of the duties envisaged for the POF (Federal Ostensive Police), a force that would be created with the approval of another proposal presented later, already under Ricardo Lewandowski’s administration.
The proposal aimed at regulating social networks advanced because the Lula government chose to incorporate suggestions into the Fake News Bill, already being processed in the Chamber. Still, discussion of the project remains at a standstill.
The proposals to increase penalties for crimes against the democratic rule of law and terrorism, in addition to accelerating the loss of assets of their financiers, were sent to Congress by Planalto only in July, five months after being presented.
These measures are part of a public security package presented by the previously Minister of Justice and President Lula in response to criticism of the government’s performance in this area.
Despite the effort to tighten the laws, the projects remain stuck on the desk of the president of the Chamber, Arthur Lira.
On the occasion, a bill was also presented that classifies violence in schools as a heinous crime. The proposal was a response to a series of attacks on schools. The text advanced in the Chamber, where it was approved in plenary, but is still awaiting consideration in the Senate.
In December 2023, the Ministry of Justice presented a bill that aims to prioritize investigations into violent deaths involving children and adolescents as victims. The proposal is still awaiting dispatch from the President of the Chamber, to begin its processing.
Another project awaiting dispatch from Lira is the Gold PL, which establishes stricter standards for controlling the origin, purchase, sale and transportation of gold in Brazil, presented to Congress in June 2023.
Minister Ricardo Lewandowski assumed the Justice portfolio in February this year and, since then, has presented two legislative proposals, with emphasis on a PEC.
The proposal aims to incorporate the Susp (Single Public Security System) into the constitutional text. With this, the ministry wants to give the federal government the power to establish minimum public security guidelines for states to follow, without taking away the autonomy of the security forces.
The PEC is one of the main initiatives of the department led by in response to the growing demands for improvements in public security — an agenda dominated by Bolsonarists.
The text was sent to the Palácio do Planalto in June this year, but got stuck at the Civil House. At the end of last month, there was a new push with heads of powers, ministers and state governors. The proposal, however, was criticized by opposition governors.
The government, in turn, believes that the proposal should gain momentum in the coming weeks, because of recent episodes of violence, such as the attack in Praça dos Três Poderes and the action at Guarulhos airport against the PCC faction whistleblower.
The coordinator of the Prerogatives group, Marco Aurélio de Carvalho, who is close to Lula, said that he is following with concern the lack of debate on the topic.
“Political responsibility is always attributed to the federal government, but it does not have legal instruments to intervene in this security crisis.”
For public security specialist Luís Flávio Sapori, the government’s stance of proposing legislative changes in times of crisis is recurrent in all spheres of management — municipal, state and federal.
“What’s missing is a national plan with long-term actions, more resources for the prison fund, police qualifications and adequate funding for prisons, for example.”
See what the projects are and the status of each one
Subject | Situation |
PEC to create a National Guard responsible for protecting the Esplanada and Três Poderes square | Civil House |
Provisional measure to regulate social networks | Suggestions sent to the Fake News PL |
Proposal to toughen punishments for those who violate the democratic rule of law | Presented to Congress in July 2023 |
Proposal to speed up the process of confiscation of assets after court decisions for those who violate the democratic rule of law | Presented to Congress in July 2023 |
PL to make attacks on schools a heinous crime | Presented to Congress in July 2023 |
Gold PL | Presented to Congress in June 2023 |
PL to speed up the investigation of crimes against the lives of children and adolescents | Submitted to Congress in December 2023 |
Security PEC (which provides, among other points, for the creation of the POF) | Under analysis at the Civil House |
PL das Queimadas | Presented to Congress in October 2024 |