The Supreme Federal Court (STF) of Brazil has confirmed the authority of municipal guards to engage in public policing activities, marking a significant shift in the operational capabilities of these local police forces. On February 20, 2025, this ruling emerged after the São Paulo Municipal Chamber appealed against the state court's decisions which had previously restricted the role of the Municipal Guard to protecting public properties.
The decision revolves around the interpretation of Article 144 of the Federal Constitution, which allows municipalities to establish guards for safeguarding their assets, services, and installations. The majority of STF ministers concluded these guards could legitimately extend their activities to urban public safety initiatives, maintaining respect for the defined roles of the Civil and Military Police, who will retain exclusive rights to criminal investigations.
The court articulated its decision stating, "It is constitutional for municipalities to enact actions concerning urban security by their municipal guards, including community policing, provided they respect the duties of other public security bodies as outlined by the Federal Constitution and without assuming any judicial police functions. This also subjects them to external oversight by the Public Ministry, as stated by Article 129, item VII of the Constitution.”
Following this landmark decision, São Paulo's Mayor, Ricardo Nunes, announced plans to rename the Municipal Guard to the Metropolitan Police — symbolizing the expanded authority and role of municipal guards. According to Nunes, this change not only reflects the enhanced responsibilities of these officers but promises to fortify public safety through integrated operations with state and civil police forces.
“This cooperation is pivotal,” commented STF Minister Luiz Fux, who reported on the case. “There is significant pressure on public security, and the increased presence of trained guards acting alongside established police can alleviate some of this burden.” The ruling permits municipal guards to conduct various police functions, including community policing and arresting suspects caught committing crimes, contingent upon compliance with local laws governing their operations.
While the decision has been heralded as progressive, allowing guards greater latitude to assist within the public security framework, there are concerns as well. STF Ministers Cristiano Zanin and Edson Fachin voiced apprehensions about potential overlap and the clarity of the guards' responsibilities. Zanin argued, “While the intent is to empower municipal guards, these entities must not be mistaken for the Military Police, which has distinct duties.
The concerns come at a time when two of Brazil's largest cities — São Paulo and Rio de Janeiro — are exploring ways to redefine the roles of municipal agents amid rising crime rates. The Rio de Janeiro Mayor, Eduardo Paes, has introduced legislation creating the Municipal Security Force aimed at combatting street crime, potentially leading to the issuance of firearms for municipal agents.
“This force will target petty crime prevention, conflict resolution, and safeguarding public municipal property,” affirmed Paes. The discussions reflect broader issues looming over Brazilian urban policing and the necessary frameworks for collaborative efforts across various security forces.
Within the scope of the STF ruling, there remains ambiguity around the use of firearms weaved through the fabric of municipal security. Notably, the Supreme Court previously allowed guards to wield firearms during operational duties, reshaping the potential dynamics of urban policing.
STF’s decision also drew mixed reactions from law enforcement experts and civic leaders. On one end, proponents believe this could significantly reduce the burden on traditional police forces, offering immediate visible security presence where crime rates spike. Yet, critics caution against the extensive responsibilities being granted to guards without ample training and skill development to handle complex policing scenarios effectively.
“While increasing deployment could address immediate public safety concerns, these guards need rigorous training to navigate the nuances of civil rights and policing limits,” stated security analyst Maria Silva.
Overall, the STF ruling establishes new legal ground for municipal guards across Brazil, enabling them to reinforce urban security systems, operationalize public safety effectively, and present collaborative policing dimensions. With the ruling applicable to municipalities nationwide, it signals significant shifts and possible reforms within Brazil's public safety structure.
This decision stands to shape future municipal security policy across the country, potentially leading to more cooperative frameworks among various layers of police forces working toward improving public safety standards for all citizens.