Rapporteur says that giving the government exclusive competence to legislate on the subject is unconstitutional; Text goes to the Commission
The CCJ (Constitution and Justice Commission) of the House approved in this 3rd (15.Jul.2025), 43 to 23, the (proposal for amendment to the Constitution) of Public Security. The text now goes to the special commission. Only then should it be analyzed by the plenary.
On July 8, the project rapporteur, Deputy (União Brasil-PE), withdrew from the text the passage that gave the Union “Private competence”To legislate on the subject. The rule was the main point of resistance to the proposal in Congress.
The text was sent by the executive in April 2025. This was the only change presented by the rapporteur.
The Commission does not analyze the merit of the proposals, but verifies if they are in the parameters of the 1988 Constitution. In the report, Mendonça stated that the excerpt from exclusive competence is “unconstitutional”for being a “Measure tending to abolish the federative form of state, in that specific portion of the division of competences that disciplines the institutional-federative structure of public security” “.
When the Rapporteur in the CCJ declares that an excerpt is unconstitutional, by the House’s Internal Regulations, this rule cannot be included later in the commission or during the plenary analysis.
Road police
Another measure of the Executive proposes to change the name of the Federal Highway Police (PRF) to the Federal Road Police. The rapporteur recommended that the change is “Reed” And he cited a budget impact of $ 250 million to reformulate the brand, such as changing uniform coats of arms, for example.
“It is argued that the name ‘PRF’ is an intangible heritage of social credibility. Nominal modification would imply large budget costs, estimated at more than R $ 250 million for brand reformulation, a dispense considered unnecessary because it does not glimpse operational benefits that justify it. yes enhancements in effective and training ”wrote the deputy.
Other points of the PEC of Public Security
Police skills
One of the government’s main points of the government is to expand the PF (Federal Police) powers to act in the states. Another is the creation of the road police, which would replace the Federal Highway Police (PRF) and would be restricted to ostensive policing on federal highways, railways and waterways.
Regarding the PF, PEC will ensure acting against environmental and practical crimes committed by criminal organizations and private militias that have interstate or international repercussions.
Public Security Fund
Initially, PEC also wanted to unify the National Public Security Fund and the Penitentiary Fund and include them in the Constitution. At the request of the governors, the transfers will continue to be separated and “They will be shared among all members of the Federation, in accordance with the law, forbidden their contingency.”
Corregedorias
The new wording of the proposal establishes the creation of public and autonomous ombudsmen throughout Brazil. The organs are responsible for investigating accusations, possible irregularities and the conduct of their members.
National council
The text establishes the creation of a National Council of Public Security and Social Defense composed of representatives of the Union, the States, the Federal District, the Municipalities and the Civil Society.
PEC states that the government must listen to the Council to establish the National Public Security Plan.
Municipal guards
The final version the understanding of the Supreme Court (STF) about the municipal guards. According to Justice Minister Ricardo Lewandowski, the proposal establishes the integration of all police from the country, from the PF (Federal Police) to the Municipal Guard.
In a February decision, the Court stated that municipal guards can do ostensible policing on public roads, respecting the boundaries of competences with other security forces.
