The Federal Government sent to Congress the proposal of amendment to the Constitution (PEC) of public security. According to the Minister of Justice and Public Security, Ricardo Lewandowski, the goal is to bureaucracy and give greater efficiency to the work of all authorities in combating criminal organizations.
One of the pillars of the proposal is to give constitutional status to the Unified Public Security System, SUSP, created in 2018 by ordinary law.
In order to quickly provide procedures that, in the current format, make it difficult for the authorities to be action, greater integration between Union and federated entities is planned to elaborate and execute policies aimed at public safety.
See what changes if the text presented is approved.
Municipal guards
The government’s text reproduces the decision of the Federal Supreme Court (STF) to give police power to the agency. in the list of the public security bodies of article 144 of the Constitution. They will be able to act in urban security actions, so that they do not overlap the duties of the Civil and Military Police.
The proposal vetoes that municipal guards exercise any judicial police activity. In addition, its submission to external control of the Public Prosecution Service is foreseen.
PRF
By the proposal, because besides highways would be responsible for ostensive patrolling in waterways and railways. In order to perform its attributions, the new PVF will not perform its own functions of the Judicial Police, nor will the investigation of criminal offenses, whose competence is exclusive to the Federal Police and the Civil Police.
According to the government, the new text does not provide for interference with state police commands; Nor will it change the current competence of states and municipalities in public security management. However, the Union may establish general guidelines regarding the policy of public security and social defense, which will comprise the penitentiary system.
Federal police
as well as against practices committed by criminal organizations and private militias that have interstate or international repercussion and require uniform repression.
Funds
The proposal provides that the Union will institute, with the objective of guaranteeing resources to support projects, activities and actions in these areas, in accordance with the National Policy of Public Security and Social Defense, which will be distributed among the entities of the Federation, in the form of the law, prohibited their contingency.
Security Council
Another point provided for by PEC of Public Security is the inclusion of civil society representatives in the composition of the National Council of Public Security and Social Defense, which will also have representatives of the Union, the States, the Federal District and the Municipalities.
Corregedorias and Ombudsmen
Finally, the proposal provides for the creation of Officers and Ombudsmen endowed with functional autonomy to investigate the functional responsibility of public security and social defense professionals.
The determination of the functional responsibility of professionals of the public security and social defense bodies will be up to the corregedorias, through syndication and disciplinary administrative proceedings.
