04/23/2024 – 9:20
The Secretary of Public Security, Guilherme Derrite, announced on the night of this Monday, 22nd, a setback in the Tarcísio de Freitas (Republican) government's plan to increase the power of the Military Police, not only allowing the corporation to start registering of the so-called Detailed Terms (TCs), as well as the steps that were subsequently requested by the Public Prosecutor's Office and the Judiciary.
Created in 1995, TCs replace the arrest in the act of those accused of crimes of lesser offensive power, such as bodily harm and threats. They are used to record cases of crimes that carry a penalty of up to 2 years in prison. Currently, in São Paulo, this is the responsibility of the Civil Police. The Tarcísio management's plan, expressed in an order from the deputy general commander of the PM, Colonel José Augusto Coutinho, was to pass this responsibility on to the PM, as well as the responsibility for carrying out the additional investigations that were requested in these cases.
The plan was defended last week by the Security Secretariat at a time when the Civil Police had been removed from several important actions to combat organized crime. This was the case of Operation Fim da Linha, carried out by the State Public Prosecutor's Office with the assistance of the PM and which led to intervention in the bus companies Transwolff and UPBus, investigated under accusations of laundering money from Primeiro Comando da Capital (PCC) in the system public transport in São Paulo.
Given this situation, the general delegate, Artur Dian, called an extraordinary meeting of the Civil Police Council, the summit that brings together the 23 cardinals, as the institution's directors are called. The meeting, which began on Monday morning, ended in the late afternoon. It demonstrated the cardinals’ “total support” for Dian’s reaction against the plan exposed by the PM. Therefore, the general delegate and a committee of council members headed to the secretariat headquarters to meet with Derrite.
The deputy secretary of the department, delegate Osvaldo Nico Gonçalves, was also present at the meeting. At the end of the meeting, Derrite announced the government's retreat in a video distributed to the police's social networks. According to Derrite, a working group will be formed that will have two representatives from the PM, two from the Civil Police and two from the Technical-Scientific Police. They will have 45 days to examine the topic. In addition to verifying the possibility of the PM issuing TCs, the group will verify the possible adoption of a Single Incident Report, which is a demand from the Civil Police, as the PM has its own bulletin, the BOPM.
At the same time, Derrite guaranteed that in São Paulo there will be no invasion of the assignment of one police force by another, thus ruling out, once and for all, the possibility of the PM carrying out the additional steps requested by the Public Ministry and the Judiciary after registering the TCs. The secretary's speech meets the Civil Police's main demand, expressed on Friday by Dian in a video revealed by Estadão.
At the time, Dian said: “Referring to the detailed term prepared by other institutions through the registration of occurrences, it does not give them the right to carry out criminal investigations and only adhere to the limits of the decisions of our Federal Supreme Court”. The understanding of the Federal Supreme Court (STF) is that although the Military Police can register so-called TCs, it cannot carry out Judicial Police acts, such as investigations and requests for precautionary measures, which would be unconstitutional.
Last week, Tarcísio's management stated that the measure would speed up the response to incidents, allowing military police officers to return to the streets more quickly to carry out patrolling. Currently, agents have to go to a police station where the detailed statement is drawn up by a delegate.
On Friday, Dian brought forward the board meeting, which was scheduled for Wednesday. In it, in addition to dealing with the holding of competitions, promotions and the presentation of a new system for the Police Intelligence Department (Dipol), the “cardinals” also discussed the Tarcísio management plan.
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