A guarda municipal e suas atuações: uma análise acerca do seu papel na segurança pública e as suas atribuições práticas mediante o poder de polícia

Abstract

This paper aims to legally analyze the role of Municipal Guards within the scope of Brazilian public security, with an emphasis on the normative evolution and the consolidation of administrative police power. The research begins with a historical contextualization of public security in Brazil, highlighting the increase in crime and the actions of police forces, and then investigates the emergence and transformation of the Municipal Guards as relevant actors in the protection of order and citizenship. Starting from the Federal Constitution of 1988 and, especially, Law No. 13,022/2014, there has been an expansion of the legal duties of these institutions, recognizing their legitimacy to act preventively and collaboratively within the municipal sphere. The methodology adopted is based on bibliographic and documentary research, with a qualitative approach, through the analysis of legislation, specialized doctrine, scientific articles, and case law from higher courts, especially decisions from the Federal Supreme Court. The theoretical foundation of the study draws on authors such as Hely Lopes Meirelles, Celso Antônio Bandeira de Mello, Luiz Eduardo Soares, Tuliane Silveira, Salim Santos Lázaro, among others, in addition to the analysis of ADPF 995/DF and General Repercussion Topic 656. Based on this foundation, the conclusion is that the Municipal Guard should be recognized as a legitimate and permanent component of the Unified Public Security System (SUSP), provided that its actions are limited by constitutional principles and appropriate legal regulation, thereby promoting a closer, more democratic, and more effective public security.