Important projects in the area of public security became a “tool” in the political dispute between the Federal Government and the opposition. Changes in the “Saidinhas” of prisoners, the PEC on drugs, the difficulty in custody hearings, the toughening of penalties for embezzlement, and the increase in penalties for recidivism are relevant projects proposed in an election year, mainly by the opposition, representing, in general, right-wing movements that seek to toughen up the fight against crime by implementing more restrictive measures. On the other hand, the Government, which has not proposed the projects, is accumulating wear and tear by opposing parts of the texts and the center-right majority in Parliament, which supports the projects. The expectation is that this will lead to significant losses in the economic agendas that are seen as most relevant with regard to the Government’s popularity and stability.
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To Get Involved or Not?
In the Executive, the assessment is that distance from the topic is often the best way to avoid harming the base. Some Congressmen understand that certain security issues are not topics for the government and that it is better to concentrate efforts on advancing economic agendas. However, the Minister of Justice and Public Security Ricardo Lewandowski has asked Lula to intervene on some points, which led, for example, to the veto of a section of the “saidinhas” project.
Collaboration
Despite the wear and tear, the head of the ministry has taken a collaborative stance with the Parliamentary Public Security Front. He has aligned, for example, agreements regarding weapons policy and determined the drafting of organic law projects for the Federal Police (PF) and Federal Highway Police (PRF).
Eye on the Elections
The actors involved with the issue are certain that this will be fundamental for candidates in this year’s municipal elections as well as those in 2026, which will decide the next president.
Unified Public Security System (Susp)
The only project that the government has been pursuing is the Unified Public Security System (Susp), a public security system similar to the Unified Health System (SUS), that expands the power of the federal government in the area. In this system, the Union would be responsible for creating “national planning” and that states and cities would have to submit to it. However, it is necessary to change the Constitution to guarantee financing for the project.
The Projects
“Saidinhas”: President Lula vetoed the main point of the project that ended the “saidinhas” of prisoners. There is a chance that Congress will overturn the veto, given that the PT member’s decision caused dissatisfaction among party leaders.
PEC on Drugs: In response to the Federal Supreme Court (STF), which analyzed the issue of marijuana possession, the Senate approved the PEC that criminalizes the possession of any quantity of drugs. The text went to the Federal Chamber. There is a case being voted at the Supreme Court (STF) that discusses the same topic.
Custody hearing: The Senate wants to approve a project to make it more difficult to release people linked to organized crime and who are repeat offenders during custody hearings. The initiative was presented by Flávio Dino and is defended by opposition governors.
Increasing the penalty for embezzlement: Also in the Senate, a project is being processed that aims to increase the crime of embezzlement. The report is from former judge Sergio Moro (União-PR).
Increase in penalty for recidivism: In the Chamber, the president of the Constitution and Justice Commission (CCJ), Caroline de Toni (PL-SC), wants to guide a project that establishes a minimum of 25 years for some crimes when there is a third recidivism turn.
National Police Council and National Police Inspectorate: Among the few initiatives announced by the Ministry of Justice and Public Security in Congress is the drafting of a Proposal for Amendment to the Constitution (PEC) to create the National Police Council and a National Police Inspectorate. The two bodies would be a means of putting into practice the Unified Public Security System (Susp), which was approved by Congress in 2018 but never actually implemented. Susp aims at a partnership between the federal government, states, and municipalities to deal with the issue, similar to what happens in the Unified Health System (SUS).
Analysis:
The public security model designed 35 years ago, in 1988, is no longer sufficient to respond to the current needs. The old standard is too fragmented and not sufficiently coordinated: the Union with the Federal Police (PF), the Federal Highway Police (PRF), and the National Force; the states with the military and civil police forces, which are responsible for the security of people and property; and the cities with the municipal guards, which takes care of the interests of local communities.
Criminal organizations have grown, expanded throughout the country, and established bases even in foreign nations. The unified model could integrate efforts and resources, distributing them more efficiently, which can be decisive in the fight against the always-expanding criminal factions: to new countries, to new Brazilian states, and to the political and economic circles, like the recent scheme of corruption in São Paulo’s public transport system has revealed. Coordination by the Federal Government could also bring uniformity to rules, procedures, and standards, such as the implementation of body cams in officer’s uniforms.
