New Security PEC brings Susp, ‘new police’ and care with state autonomy

The Ministry of Justice and Public Security (MJSP) released this Wednesday, 15th, the new version of the Public Security PEC, which expands the powers of the Federal Highway Police (PRF) and includes in the Constitution the Unified Public Security System (Susp ) and national financing funds for the sector.

The proposed constitutional amendment, which began to be drafted during the administration of minister Ricardo Lewandowski, went through a round of conversations with states, municipalities and sector associations. After encountering an impasse with governors, the text returned to the MJSP to incorporate suggestions. Now the project must be sent to the National Congress, where it can be modified by parliamentarians.

How the Estadão anticipated, the text also reinforces the autonomy of states in combating crime – a point that had created controversy with governors, who fear a possible invasion of the competence of the state police. To resolve questions, the new draft now makes it clear that this should not occur.

The PEC renames the PRF as the Federal Road Police, which would carry out extensive policing on federal railways and waterways in addition to highways. The draft bill contains a section guaranteeing that the corporation will not take care of functions currently performed by the Federal and Civil Police.

In relation to the Federal Police (PF), the project foresees that it acts in environmental crime actions and against practices committed by criminal organizations and private militias, as long as they have “interstate or international repercussions”.

The proposal aims to strengthen control over police activity. The establishment of autonomous ombudsman offices is planned, at the three levels of the federation, “to receive representations, praise and suggestions about the activity of these professionals”.

Contrary to what the governors wanted, the PEC does not provide for equal participation of the states and the Federal District in the management committees of the National Public Security Fund and the National Penitentiary Fund, nor tax subsidies for entities that contribute to the Susp.

Suggestions of an infraconstitutional order, that is, those that can be resolved through bills or decrees, for example, were left out. The idea is that regulations will be adjusted in the future, on a timely basis.