THE Ministry of Justice and Public Security will send, Monday (15), its opinion on the report of the Public Safety PEC presented by MP Mendonça Filho (Union-PE), rapporteur text in Chamber of Deputies.
Even if the parliamentarian’s version goes in the opposite direction to what was initially proposed by the minister of justice, Ricardo Lewandowskithe ministry has invested in articulation with the rapporteur to return to part of the initial proposal and even “sees no reason” to believe that the dialogue with him “will not succeed”, after the presentation of the technical elements which will be proposed by the ministry.
One of the innovations of Mendonça’s text which will be called into question by the ministry is the reduction of the criminal age for violent crimesfrom 18 to 16 years old. The Ministry understands, however, that this issue, to the extent that it involves a restriction of fundamental rights and guarantees, will violate the fundamental clauses of the Federal Constitution, which cannot be modified even by a constitutional amendment. Which could mean, in practice, that these points which violate the Constitution, “even if they are voted on in the Chamber and the Senate, will end up being debated within the framework of the Federal Court (STF)”.
Another point criticized by justice technicians is the provision that intergovernmental working groups can be coordinated by the proposing entity, that is, the coordination of a working group can be transferred to the State, if it proposes it first, which can create an obstacle in the actions of the State. Federal police (PF). The discontent was even reported by the company itself to Mendonça.
“The measure would subordinate the PF to state coordination and, today, the task forces that we lead do not have a hierarchy, but are coordinated by the federal entity because we are talking about interstate crime,” he explains. Marivaldo Pereira, Secretary of Legislative Affairs of the Ministry of Justice.
The PEC should be voted on next week
Mendonça read, on Wednesday (10), his opinion within the special commission which analyzes the proposal. The vote is expected to take place next Tuesday (16), both in committee and in plenary of the House.
The Public Security PEC is one of the main bets of the government of Luiz Inácio Lula da Silva to enter a debate dominated by the right of the country, in one of the areas in which the government is poorly evaluated. The federal government’s text provides for greater integration between the Union and the states in the development and execution of public security policy, but faces resistance from governors.
Among the points which were modified by the rapporteur and for which the Ministry of Justice will request a return to the original version, there is the debate on the municipal guards. In his report, Mendonça proposed the regulation of municipal civil guards (GCM) as municipal community police. However, in the text initially presented by Lewandowski, the GCMs would be included in the list of public security organizations, in accordance with the agreement of the Federal Court (STF). They would have community policing actions, with the power to make arrests on the spot, and control of their activities by the Public Prosecutor’s Office (MP).
In its evaluation, the ministry will also propose the reinstatement of the initial proposal for structuring the Unified Public Safety System (SUSP), which guarantees the Union a central role in the coordination of public security policies. The issue is considered by the ministry as fundamental to “strengthen the role of the State in the fight against criminal organizationsIn this sense, the report of the justice technicians will highlight the decline of points which go against the integration of the police, such as the decentralization of these security entities proposed in article 144 of the rapporteur’s opinion.
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