MUNICIPAL GUARDS IN THE BRAZILIAN LEGAL SYSTEM: A PARADIGMATIC SHIFT IN THE FIELD OF PUBLIC SECURITY

Abstract

Rapid urban growth and population increase have intensified social inequalities, a factor that significantly contributes to the rise of violence in the country. Given this scenario, the role of Municipal Guards in promoting public safety and cooperating with other responsible agencies is being discussed. The Federal Constitution, in Article 144, § 8, limits the actions of these corporations to the protection of municipal property, services, and facilities, prohibiting them from exercising functions typical of other police forces, under penalty of violating the federal pact and the separation of powers. Although collaboration between different security agencies in combating crime—especially violent and organized crime—is legitimate, the lack of clear delineation of responsibilities can result in arbitrary practices, violations of rights, and inequality in the application of the law. Therefore, it is essential that municipal legislators rigorously observe constitutional principles when defining the competencies of Municipal Guards, ensuring that their actions remain within legal limits and in harmony with other public security institutions.