Security Amendment found common ground between the federal government and the states, says Lewandowski.
"A partnership between the state and federal governments will be the key to solving the problem," agrees the governor of Rio, Cláudio Castro.
247 - During participation in an event promoted by newspapers The Globe According to Valor Econômico, with support from CBN radio, the Minister of Justice, Ricardo Lewandowski, and the Governor of Rio de Janeiro, Cláudio Castro (PL), stated that the Proposed Amendment to the Constitution (PEC) on Public Security has reached a 'common denominator' between the federal government and the states. This assessment comes after months of deadlock and adjustments, especially regarding the preservation of the competencies of state police forces.
The text of the proposed constitutional amendment, drafted by the Ministry of Justice over nine months of debates with states, experts, and representatives of civil society, will be sent to the National Congress later this month. The proposal aims to create a Unified Public Security System (SUSP) based on the Constitution, to integrate federal, state, and municipal efforts in combating violence.
Agreement after resistance from the states - The governors' initial resistance focused on the potential loss of power over their civil and military police forces. To overcome this obstacle, the federal government included a paragraph in the text guaranteeing the maintenance of the common and concurrent powers of the federated entities, as well as the subordination of state forces to the governors.
Cláudio Castro emphasized that integration between entities is fundamental to ensuring greater effectiveness in combating crime. “The partnership between the state and federal governments will be the key to solving the problem. Today, our responsibilities are mixed. If there is no integration, we will be just spinning our wheels,” said the governor. He also advocated for a clear definition of each force's responsibilities to avoid procedural flaws in investigations: “The police must work together, and not become competitors.”
Lewandowski wants constitutional force for SUSP - Although legislation regarding the Unified Public Security System (SUSP) has existed since 2018, enacted during Michel Temer's (MDB) government, Lewandowski explained why the current proposal needs to be a constitutional amendment. “A Unified Public Security System that is provided for in an ordinary federal law does not have the necessary strength to promote the desired coordination between security forces. What we want is to take this SUSP, which is currently horizontal because it is an ordinary federal law, and place it vertically, within the Constitution.”
The proposed amendment (PEC) suggests two new clauses in the 1988 Constitution. The first establishes that the Federal Government will be responsible for developing the national public security and social defense policy and plan, in consultation with the National Council for Public Security and Social Defense (CNSP). The second gives the Federal Government the task of coordinating the Unified Public Security System (SUSP), including the national prison system.
Although it has existed since 2018, the CNSP has had a timid performance. The expectation is that the council will gain greater institutional relevance with the constitutional change.
New roles for the Federal Police and Federal Highway Police - Another aspect of the proposal is the redefinition of the responsibilities of the Federal Police and the Federal Highway Police. The Federal Police will also investigate environmental crimes and the actions of criminal organizations. The Federal Highway Police, which is expected to change its name to Federal Highway Police, will have its powers expanded to patrol federal railways and waterways, in addition to highways.
With these changes, Lewandowski believes the project is “more mature” for processing in Congress. The minister reinforced that the proposal does not infringe on state autonomy: “we want general guidelines that can be followed by all federated entities. We do not want to impose anything on state, federal, municipal, or district authorities. Governors can be absolutely assured that we will not interfere with this autonomy.”
Cláudio Castro also highlighted that he “agrees more than he disagrees” with the proposal, but drew attention to an institutional risk. Since a Constitutional Amendment Proposal (PEC) is enacted directly by Congress, without going through the Executive branch, the President of the Republic cannot veto problematic points. “I think that despite his (Lewandowski's) good intentions, it's audacious to pass the PEC, which is enacted by Congress. If anything passes, the federal government will not be able to work with vetoes.”
The expectation is that the text will be presented to Congress sometime in April, opening a new chapter in discussions about public security in the country, focusing on federal cooperation and institutional strengthening.
