Justice had suspended articles that established the assignments of the Guard and changed their name to the Municipal Police
The Minister of the Federal Supreme Court) Barked the change from the name of the Civil Guard to “Municipal Police” in the city of, in Greater São Paulo. The decision was published on Monday (24.mar.2025). Here (PDF – 200 kB).
Dino argued that the Federal Constitution establishes that municipalities can constitute municipal guards and that “At no time does the police designation“. The minister explains that this terminology is reserved for specific agencies, such as the federal, bus, civil and military police.
Dino warned of a “dangerous precedent”That the name change could open.
“Allowing a municipality to alter the nomenclature of its Municipal Guard through local law would represent a dangerous precedent, as it would be equivalent to authorizing states or municipalities to freely modify the denomination of other institutions whose nomenclature is expressly provided for in the Federal Constitution. The terminology employed by the Constitution is not merely symbolic or accidental, but translates the organizational and functional structure of public institutions, ensuring coherence and stability to the legal system in a federal state, in which the autonomy of subnational entities is limited and does not mean sovereignty”Wrote the minister, in the decision.
Complementary Law 403 ( – PDF – 1.8 MB), published on February 25 by the Mayor of Itaquaquecetuba, (PL), provided for the change in the name of the Civil Guard and the adaptation of all positions to the new nomenclature. It determined that there was an additional duties to the Guard, with the execution of public security actions, such as conflict mediation. In the last municipal elections, Boigues was.
In the decision, Dino said that the increase in civil guard attributions would have a financial impact on municipal public coffers.
“Municipal guards are part of the Unified Public Security System and have legitimate urban security assignments, including preventive and community policing. The implementation of these functions stems from a constitutional and legal imposition, and the Municipality is responsible for ensuring the resources necessary for its realization, observing the principles of efficiency and continuity of public services, and federal general rules”He said.
Change was barred in SP
The Mayor of São Paulo, (MDB), from the city’s civil guard to “Metropolitan Police”. The change was based on an STF decision that allowed municipal guards to perform ostensive policing and arrests in the act.
The law was passed in the House of Representatives of São Paulo. However, it was suspended by the TJ-SP (São Paulo Court of Justice) on March 18. The Court argued that each public security body has its function designated in the Constitution and that its attributions are “well -traced”.
