The Ministry of Justice delivered to President Lula’s government on Monday (24/06) a Proposed Amendment to the Constitution (PEC) that expands the Union’s role in public security. The PEC allows the Federal Police (PF) – managed by the Union – to combat organized crime, including militias.
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Federal Police
The text proposes that the Constitution expressly states that the PF is intended to, among other things, investigate crimes committed by criminal organizations and private militias. The objective is for the PF to act in large militias. Therefore, the change provides that the corporation’s competence is to combat those who commit crimes with interstate or international repercussions.
The PEC also aims to expand the PF’s role in combating environmental crimes, by including among the corporation’s objectives the combating of crimes committed in woods, forests, preservation areas, or other conservation units.
New Guidelines
Furthermore, the text provides support for the Union to establish national guidelines on public security and the penitentiary system – without prejudice to the powers of states and municipalities in these matters.
The measure also aims to place in the Constitution the Unified Public Security System (Susp) and the National Public Security Fund (FNSP), which are currently in force through common laws.
National Model
The idea of the Justice Minister Ricardo Lewandowski is to build a model that can serve the entire country, allowing the Union to establish guidelines that can be decisive, respecting the autonomy of the states. This is because nationally and internationally organized crime requires strategic planning led by the Union.
Marielle’s Case
To government members, the need to foresee the role of the Federal Police in the fight against militias became evident after the delay in the investigations into the murder of former councilor Marielle Franco (PSOL-RJ) and driver Anderson Gomes, which occurred in March 2018.
According to investigations, the Brazão brothers ordered Marielle’s death because her actions went against the family’s interests – including the regularization of irregular subdivisions in areas dominated by militias.
The investigations took 6 years to be completed, and this only happened after the Federal Police started to act on the case and the investigations were transferred to the Federal Supreme Court (STF).
Analysis:
The Proposed Amendment to the Constitution (PEC) delivered by the Ministry of Justice to President Lula that expands the Union’s role in public security represents a significant advance in the fight against organized crime in Brazil. The proposal that allows the Federal Police (PF) to directly combat organized crime and militias is a necessary response to the growing threats that these groups pose to national security. The PF’s ability to act on crimes with interstate or international repercussions is crucial, given that many of these organizations operate across state borders, requiring centralized coordination and a strategic focus.
The inclusion of combating environmental crimes is also an important measure, considering that frequently environmental crimes that occur in preservation and conservation areas are linked to organized crime.
The proposal also establishes national guidelines for public security and the penitentiary system by the Union, seeking to create a unified and cohesive public security model, capable of more effectively confronting organized crime.
The importance of this PEC becomes even more evident in light of the Marielle Franco case, where the PF’s actions were decisive in advancing the investigations.