STF DECIDES: MUNICIPAL GUARDS CAN PERFORM URBAN POLICE (RE 608588 - TOPIC 656)
DOI:
https://doi.org/10.35685/q3rrv430Keywords:
Municipal Guard, Ostensive Policing, Urban Security, General Repercussion, ConstitutionalityAbstract
The Federal Supreme Court (STF), when judging Extraordinary Appeal (RE) 608588 with general repercussion (Theme 656), consolidated the constitutionality of municipal laws that authorize municipal guards to carry out urban policing, including overt and community policing, as long as the competencies of the Civil and Military police are respected. The aim is to understand the legal and practical aspects of the decision and its impacts on the public security system. Qualitative methodology was used, with documentary analysis of the ruling and relevant doctrinal studies. Theoretically, the debate revolves around article 144 of the Federal Constitution, which defines the responsibilities of public security bodies. The decision highlighted that municipal guards are part of the Public Security System and can act preventively, carry out arrests in the act and collaborate with other police bodies, without exercising judicial police functions. The main findings show that the decision expands the capacity of municipalities to act in urban security, promoting action closer to local communities. However, it imposes external control by the Public Ministry to prevent abuse. Thus, the decision strengthens the decentralization of public security actions and promotes greater integration between federative entities, enhancing the fight against urban violence. However, the need for adequate local regulations and investments in training municipal guards is highlighted to ensure a balance between efficiency and respect for fundamental rights.