On March 24, 2025, Minister Flávio Dino of the Supreme Federal Court (STF) ruled against a legislative attempt in Itaquaquecetuba, São Paulo, that sought to change the name of its Municipal Guard from Guarda Civil Municipal to Polícia Municipal. This decision is significant, not only for the city but also for the broader implications it holds for other municipalities across Brazil.
According to Flávio Dino, the change proposed by the Itaquaquecetuba municipal law is unconstitutional. In his ruling, he emphasized, "A denominação 'Guarda Municipal' é um elemento essencial da identidade institucional desses órgãos." This sentiment underscores the idea that the term 'Municipal Guard' is fundamental to the identity and function of these local security forces.
The ruling has its roots in a previous injunction issued by the Tribunal de Justiça de São Paulo (TJSP), addressing a direct action of unconstitutionality from the Public Ministry of São Paulo (MP-SP). The TJSP's concern was that if Itaquaquecetuba’s law were allowed to stand, it could set a dangerous precedent, leading to a chain of similar legal changes across various cities. Dino warned that this could disrupt the established legal framework by allowing municipalities to modify names of other federally recognized institutions in a manner not permitted by the Constitution.
Notably, prior to this ruling, the STF had determined that municipal guards could fulfill roles related to ostensive policing, provided they operated under the supervision of the Public Ministry. This decision paved the way for the rebranding of Guarda Civil Municipal under certain conditions. However, Dino made it clear that while the functions of these guards can evolve, the terminology cannot due to constitutional stipulations that reserve names for specific public safety organ services, including the Federal, Military, and Civil Police.
In further elaboration, Dino stated that allowing any change in nomenclature poses threats that extend well beyond just a name change. He articulated that changing the designation of the Municipal Guards could lead to municipalities renaming their City Councils or Prefectures similarly. "A possibilidade de um município renomear sua Câmara Municipal para 'Assembleia Legislativa Local'... exemplifica os riscos dessa flexibilização," he noted, stressing that these alterations carry legal ramifications that challenge the federation's structure.
This ruling affects not just Itaquaquecetuba but also has major implications for other municipalities across São Paulo. Following the STF's decision, more than 16 municipalities that planned to undertake similar changes have found themselves barred from doing so in court. This reflects a larger tension between municipal intentions and constitutional limits on naming conventions, and it indicates that the STF is taking a strong stand in maintaining the integrity of the public security nomenclature.
Eduardo Boigues, the mayor of Itaquaquecetuba, has expressed dissatisfaction with the ruling, labeling it "doubtful". In a statement, he highlighted the contradiction posed by the ruling, pointing to the STF's acknowledgment of the potential for Municipal Guards to undertake critical public safety functions, despite restricting the terminology related to those functions. Boigues underscored that this ruling could hinder municipalities from expanding their public safety capacities while adhering to constitutional frameworks. "O STF reconheceu que as Guardas Municipais podem atuar na Segurança Pública, incluindo policiamento preventivo e comunitário," he remarked in defense of the city’s position.
This decision is likely to influence ongoing discussions and legislative efforts regarding public safety across Brazil. With the dynamics of public safety in constant flux, the delimitations established by the STF will serve as a guiding principle for future attempts at restructuring or renaming local law enforcement agencies.
Ultimately, the ruling has clarified the distinction between the roles and terminologies associated with different public security institutions, preserving the language of the Constitution while navigating the complexities of public governance. As cities across Brazil seek to innovate and adapt their public safety strategies, they must now reckon with the judicial interpretations that protect constitutional integrity and historical legal frameworks.
