The objective is to unify the interpretation of the assignment of custody; Representative Kim Kataguiri (União-SP) is the author of the project
The law project 3,674 of 2023 authorizes municipal guards to approach and search suspects of criminal practices, validating the evidence obtained. The proposal, under analysis in the Chamber of Deputies, includes the measure in the General Statute of the Municipal Guards and in the Code of Criminal Procedure.
In justification, the author, deputy Kim Kataguiri (União Brasil-SP), recalls the decision of the STJ (Superior Court of Justice) that annulled the conviction of a man for drug trafficking based on evidence obtained from an approach by the municipal guard.
“The objective of the project is to avoid different interpretations of the approach carried out by municipal guards based on well-founded suspicion of committing criminal offenses”said Kataguiri.
“The General Statute of the Municipal Guards conferred police power, as agents are authorized to assist in maintaining public order. Therefore, even if there are disagreements about the action of the municipal guards in activities within the competence of the civil and military police, the municipal guard will be legally protected”, he said.
Today, the specific responsibilities of municipal guards include:
- act, preventively and permanently, in the municipality, to protect the population that uses municipal goods, services and facilities;
- collaborate in an integrated manner with public security bodies, in joint actions;
- act through preventive actions in school safety.
The project is conclusive and will be analyzed by the Public Security and Combating Organized Crime Commission and the Constitution, Justice and Citizenship Commission.
With information from Chamber Agency.
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