A (IN)CONSTITUCIONALIDADE DA EXPANSÃO DAS ATRIBUIÇÕES DAS GUARDAS CIVIS MUNICIPAIS

Abstract

This study analyzes the constitutionality of expanding the duties of Municipal Civil Guards in Brazil, considering their role as public security agents. The research discusses the constitutional role of Municipal Guards, the relevant infraconstitutional legislation, and the Supreme Federal Court (STF) decisions that have consolidated this expansion. Based on a qualitative approach, bibliographic and jurisprudential research was conducted to understand the evolution of the institution’s role, highlighting Article 144, §8º, of the 1988 Federal Constitution, which originally limited their function to the protection of municipal assets, services, and facilities. The study examines the influence of the General Statute of Municipal Guards (Law No. 13.022/2014), which expanded their powers, and Law No. 13.675/2018, which formally included Municipal Guards in the Unified Public Security System (SUSP). Relevant STF decisions, such as ADIs 5.780 and 5.538, ADPF 995, and REs 846.854 and 608.588, have consolidated the understanding that Municipal Guards perform public security functions and are considered an essential institution for addressing the urgent needs of the local population. It was found that the expansion of Municipal Guard duties was driven by increasing crime rates and the insufficiency of traditional security forces. STF jurisprudence has confirmed the constitutionality of these changes, ensuring that municipal guards can operate in an ostensive and preventive manner. It is concluded that the expansion of the duties of Municipal Civil Guards is constitutional and results from an extensive interpretation of Article 144, §8º, of the Federal Constitution, allowing them to act more effectively in ensuring public security. It is suggested that future research evaluate the impacts of this expansion on local crime rates and potential institutional conflicts with the Military Police.