A atuação das guardas municipais: um estudo sobre os limites e possibilidades do (novo) órgão de segurança pública à luz da arguição de descumprimento de preceito fundamental nº 995

Abstract

The purpose of this research is to examine a sensitive topic when discussing Public Security: seeking to parameterize the performance of the Municipal Guards after the judgment of the Allegation of Failure to Comply with Fundamental Precepts (ADPF) No. 995. In this reasoning, the article is broken down into four distinct stages, the first being aimed at providing a historical context on the relevance of Public Security by the original constituent, as well as aiming to highlight the constitutional responsibility given to the Municipal Guards at that first moment. In a second step, Law No. 13.022/2014 will be analyzed, which deals with the General Statute of Municipal Guards, addressing the evolution and slightly different treatment when compared with that first competence described in the Federal Constitution of 1988. In the third stage, it will be the main points of ADPF No. 995 were presented, with the winning vote of Minister Rapporteur Alexandre de Moraes being legally scrutinized, as well as the foundations of the dissenting vote led by Minister André Mendonça. Still at this stage, it will be presented how such a legal instrument was essential for the recognition of the Municipal Guards as a Public Security body, now integrating the select list of Article 144 of the CRFB/1988 and ending the legal uncertainty about its nature. Lastly, in the fourth and final stage, after the judgment of ADPF nº 995, the limits and possibilities of the operational performance of the Municipal Guards will be presented. To reach such an understanding, it will be discussed how the dominant doctrine and jurisprudence see the core activity of the Municipal Guards, in order to extract a solid understanding to ultimately guide the execution of the activities of this new Public Security body. In view of the above, we seek to compile the operational standard of the Municipal Guards through the limits and possibilities, aiming to guarantee greater legal certainty regarding their performance, and to the same extent, reduce the degree of uncertainty that has hovered over this topic and which has been detrimental to the Public Security as a whole