For experts, the text does not introduce structural changes, but organizes established norms for the action of security forces
The decree signed by the president (PT) on Tuesday (Dec 24, 2024), which confirms the guidelines provided for in current legislation. For experts, the text does not bring significant changes to the rules that govern the actions of security forces in Brazil.
“Although it does not present substantial changes, the decree organizes the guidelines already established and reinforces the need for technical, proportional and legally safe action, both for police officers and for society”says Raquel Gallinati, delegate and director of Adepol (Association of Police Delegates) in Brazil.
The decree, signed by Lula and the Minister of Justice and Public Security, regulates the use of force by security agents based on Law No. 13,060, of December 22, 2014. This legislation already prioritized the use of instruments with less offensive potential, as long as this did not put the physical or psychological integrity of the agents at risk.
After 10 years of the law being in force, the 2024 decree reaffirms principles consolidated in the Penal Code and no Code of Criminal Procedureorganizing them into 7 guidelines:
- Legality: all police action must be conducted in accordance with the law;
- Precaution: operations must be planned to minimize the use of force and reduce harm;
- Necessity and proportionality: force must be used only when less intensive resources are insufficient and must be commensurate with the threat faced;
- Reasonableness: actions must be balanced, prudent and respect the specificities of the case;
- Responsibility: agents who use force inappropriately must be held accountable;
- Non-discrimination: Police actions must be free from prejudice related to color, race, ethnicity, sexual orientation, religion, nationality, economic situation or political opinion.
The text reinforces that the use of firearms should be a last resort, reserved for situations of imminent risk to life, and highlights the need for a gradual approach to the use of force, prioritizing deterrent methods before adopting more severe measures. Here is decree No. 12,341 of 2024 (PDF – 193 kB).
“Although Decree No. 12,341/2024 does not promote significant structural changes, it regulates standards that already guide the actions of security forces”analysis Gallinati.
“In a context in which public security seeks to balance effectiveness in combating crime with the preservation of human dignity, the decree reaffirms the importance of planned, responsible and fair action by security forces, always in accordance with the parameters cool”continues.
The delegate emphasizes that the effectiveness of these standards depends on concrete investments in the structure and working conditions of security forces. “Without adequate resources, continuous training and appropriate equipment, any regulation runs the risk of becoming merely symbolic, compromising the performance of agents in protecting society”it says.
