Public Security Forum rebuts governors and supports decree on police action

The Brazilian Public Security Forum (FBSP) released this Thursday, 26, a note in support of the president’s decree Luiz Inácio Lula da Silva (PT) on the use of force by public security agents. The entity, which brings together researchers from across the country, defends public security as a service guided by the principles of Human Rights.

The measures provoked a wave of criticism from opposition parliamentarians and governors, who consider the decree a restriction on police action. Among the heads of state executive, Ronaldo Caiado (GO), Cláudio Castro (RJ) and Ibaneis Rocha (DF) publicly criticized the initiative. Furthermore, members of the so-called “bullet bench” in the National Congress are working to overturn the decree.

In a note, the FBSP argues that, contrary to what some governors claim, the decree is not unconstitutional nor does it represent a violation of powers. According to the entity, the federal government’s measure only regulates commitments already assumed by Brazil as a signatory of international treaties since the end of the 1970s.

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Members of the so-called “bullet bench”, made up mostly of politicians linked to the security forces, announced that they will present a Legislative Decree Project (PDL) to suspend the measure

“The publication of Decree 12,341/2024, published by the Federal Government, regulates standards that have already existed for a decade and brings Brazil into compliance with international legal instruments to which Brazil is a party and signatory”, says the text.

The entity also recalls recent episodes of police abuse of force to justify the need for regulation. Among the cases cited is the one that occurred on the night of December 24, when agents from the Federal Highway Police, armed with two rifles and an automatic pistol, shot at a family’s car on BR-040. The shots hit the head of a 26-year-old woman, who is hospitalized in serious condition.

Another example mentioned is that of a 24-year-old young man shot at close range by a military police officer while recording a violent approach in Osasco (SP), in the early hours of December 25th. These episodes, according to the FBSP, reinforce the urgency of national guidelines and procedures to regulate the use of force by public security agents.

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The decree published by the federal government regulates the use of firearms and non-lethal instruments, approaches, home searches and the actions of criminal police officers in prisons.

The text concludes with an appeal to authorities to work together to improve public security forces and control the use of force by the State. “Public Security is an essential Social Right and cannot be at the mercy of the winds of partisan interests, whether they are on the right, center or left of the ideological spectrum.”

Published on Tuesday, 24th, the decree establishes rules for the use of force by public security agents. The text determines that the actions of these professionals must follow the principles of legality, precaution, necessity, proportionality, reasonableness, accountability and non-discrimination.

Among the guidelines, the guidance that firearms should only be used as a last resort stands out. The decree also prohibits its use against unarmed people fleeing or vehicles that disobey police blocks, except in situations of risk to the security agent or third parties.