STF Minister emphasized that the preservation of this nomenclature is essential to prevent states and municipalities from making arbitrary changes in the designations of their public security institutions
The Minister of the Federal Supreme Court () reaffirmed the prohibition of the alteration of the name of the Metropolitan Civil Guard (GCM) from São Paulo to Municipal Police. This Sunday (13), Dino rejected an appeal filed by the National Federation of Municipal Guards Unions (Fenaguradas), which tried to annul an injunction of the São Paulo Court of Justice (TJSP) that had suspended the said Municipal Law.
“The law that instituted the Unified Public Security System (SUSP) reinforces this distinction by listing the municipal guards as operational members of the system, without, however, attributing them the name of ‘police’,” Dino informs the decision.
The magistrate emphasized that the preservation of this nomenclature is essential to prevent states and municipalities from making arbitrary changes in the designations of their public security institutions. “The denomination ‘Municipal Guard’ is an essential element of the institutional identity of these bodies. Allowing a municipality to change 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,” he argues.
“The absurd possibility of a municipality renamed its City Hall to Municipal Senate or its City Hall for the municipal presidency exemplifies the risks of this flexibility,” argued the minister. The controversy began after a decision of the Supreme Court that recognized the competence of the municipal guards to carry out ostensive policing activities.
Councilors are in favor of change
In March, the councilors of São Paulo approved the project of amendment to the Organic Law that provides for the change of the name of GCM to Municipal Police. The vote took place two weeks after the Federal Supreme Court (STF) decides that Brazilian municipalities are competent to institute that municipal civil guards act in urban security actions. After this understanding, some cities, such as São Bernardo do Campo, approved the change of guard name to police.
However, less than 24 hours after approval, the São Paulo Public Prosecution Service (MP-SP) announced that it would go to court to annul the change. For the MP, changing the name of the guard is unconstitutional, because “the expression ‘police’ is used for specific organs, with attributions well delineated in the constitutional text, which are not confused with those of the guards,” according to the institution.
The change was debated at the TJ-SP, which annulled the change in the name, and now, in the higher court, the STF, which rectified the decision of the TJ-SP.
*Report produced with the aid of AI and Estadão Content
Posted by Carol Santos
