THE CONSTITUTIONALIZATION OF THE MUNICIPAL GUARD AS A PUBLIC SECURITY BODY: AN ANALYSIS OF THE STF AND STJ DECISIONS

Abstract

This article aims to analyze the evolution of the legal status of Municipal Guards (GCM) as decided and adjudicated in Brazilian courts, focusing on the transition from mere property surveillance agents to integral bodies within the public security system, legal uncertainty is presented as the central problem, arising over several years due to conflicts generated by differing interpretations between the Superior Court of Justice (STJ) and the Supreme Federal Court (STF) regarding the legitimacy of stops, personal searches, and in flagrante arrests carried out by the guard, regarding methodology, this article is based on a qualitative approach, employing bibliographic and documentary procedures, and using the deductive method to examine Article 144 of the Federal Constitution and related legislation, such as Law No. 13,022/2014 and Law No. 13,675/2018. The results indicate that ADPF 995, adjudicated by the STF, consolidated the constitutionalization of the Municipal Guard, recognizing it as an inseparable pillar of the Unified Public Security System (SUSP).