Senate votes on law limiting political demonstrations by PM and Firefighters

The Senate votes this Tuesday afternoon (7) on Bill (PL) 3,045/2022, which establishes the National Organic Law of the Military Police (PM) and Military Fire Brigades (CBM) of the states and the Federal District , after 20 years of processing. The rule limits political demonstrations by military police officers and firefighters, in addition to specifying quotas for women and requiring higher education to join corporations. If approved by the senators, it will go to presidential sanction.

The proposal, reported by senator Fabiano Contarato (PT-ES), has the support of trade associations, such as the National Federation of State Military Officer Entities (Feneme), and establishes the general guidelines for corporations, maintaining the details of the organization of the PM and CBM for governors.

Among these general rules, one of the most controversial points is the veto on the participation of uniformed officers in party political demonstrations, as well as the dissemination of political opinions on social networks by uniformed officers, in which they display their weapons, or vehicles and images of corporations. , for example. The text also prohibits membership of political parties while working in the PM or firefighters.

The change comes at a time of greater representation of candidates from the PM and Fire Department in the Chamber of Deputies. In total, there are 18 representatives from both corporations.

Colonel Marlon Jorge Teza, president of Feneme, understands that the limits imposed on members of the PM are constitutional and that he does not see a negative impact on candidacies of military police officers for positions such as councilor, deputy and senator, for example.

He argues that the Federal Constitution subjects all military personnel, including the state and DF Military Police and the Military Fire Brigades, to special rules, different from those followed by civilian public agents, such as the Military Penal Code with judgment by the Military Court, the non-affiliation to political parties or unions, and not having the right to habeas corpus for disciplinary arrest, among others. And regarding candidacies, he points out that the military police officer can participate in the party convention without necessarily being linked to the party and, only after his candidacy is legitimized at the convention, will he have to leave the position he holds in the PM or CBM. “There are no prohibitions, there are limitations with different rules than civil ones”, he states.

PM-RJ colonel Fábio Cajueiro, who is president of the Associação Beneficente Heróis do Rio de Janeiro (ABHRJ), shares this understanding and states that political demonstrations wearing military clothing have always been illegal. “It’s fair [a restrição]as a military uniform is a permanent symbol of State power, hierarchy and discipline, independent of temporary political currents, trends and fads”.

André Marsiglia, constitutional lawyer and specialist in freedom of expression, also considers that the veto on political demonstrations is not unconstitutional, as the Constitution allows freedom of expression to be limited, as long as the limitation is not undue. “Restricting the personal speech of a uniformed soldier so that he is not confused with the institution’s thinking is possible, it is not illegal,” he states.

However, Marsiglia points out that a police officer’s weapon does not symbolize the institution, in the same way as images of vehicles, weapons and depersonalized insignia. They can be used by anyone, military or not, in videos on social media without it being confused with institutional speech.

In this sense, the expert assesses that the limitations on participation in collective demonstrations of a partisan political nature while carrying a weapon or in uniform and on social media while wearing uniforms result in “undue restrictions on the military’s freedom of expression”.

Still regarding participation in politics, the bill allows that, after serving the mandate, the military police officer or firefighter may reintegrate into the corporation, which is currently vetoed.

Public Security Secretariats are the responsibility of state governments

A criticism raised by some non-governmental entities is that the project would facilitate the extinction of state Public Security Secretariats (SSP). According to the Brazilian Public Security Forum, the new law would open this loophole for extinction, as it determines that the administration of the institution is carried out by the general commander of the Military Police.

But that is not what the text claims. Article 29 of the PL establishes that “the general commanders of the military police and military fire departments of the States, the Federal District and the Territories […] will be responsible, within the scope of direct administration, to the governors of the respective federative units and Territories, for the administration and employment of the institution”.

In other words, the article refers to the administration of the PM and the CBM – which remains under the supervision of its senior commanders, as is currently the case. In the case of governors who want to create and institute an SSP in their states, command of the secretariat is the governor’s choice.

“Each state creates its structure as it sees fit, including with or without SSP, if desired. What the new law does is repeat what is stated in paragraph 6 of Art 144 of the Federal Constitution, where it is stated that such institutions are subordinate to the governor and that he is the boss”, explains Teza.

Higher education requirement to join corporations

Another discussed point of the new law is the requirement for higher education to join the PM or CBM. Currently, many states already provide for such a requirement. A map prepared by Feneme (below) shows that 15 of the 26 Brazilian states already opt for PM officers to enter with a degree in Law (the states in green).

The seven units of the Federation, including the Federal District, in yellow require completion of any higher education course to join the corporation, and in the five states in red there is a need to complete high school.

Admission to PM ranks is currently less demanding, with 14 federation units, including the DF, requiring training in any completed higher education course, while another 13 require secondary education.

The application of the rule on the higher education requirement will not be immediate, as the law provides a period of six years for full implementation across the country.

Limitation or boost to female participation?

The text of the PL also determines that “it is ensured that at least 20% of vacancies in public competitions are filled by female candidates, in accordance with the law of the federated entity, observing that, in the health area, female candidates , in addition to the minimum percentage, compete for all vacancies”.

The percentage was stipulated based on female participation in PMS and CBMS in the country. A study carried out by Feneme shows that, currently, women occupy between 10% and 12% of staff in the PM and CBM in Brazil.

In other countries, female participation in the police is also below 20% of the total contingent, with the Netherlands and Russia as exceptions, with 22% and 21%, respectively. The United States and Argentina are at the same level as Brazil, with 12.6% and 12%.

Some nations are approaching the future Brazilian target of 20%, such as Canada, Germany and Chile, with 19.5%, 19% and 17%, followed by the French National Gendarmerie and the Finnish police, with 16% and 15%. Portugal and Italy have rates well below those of Brazil, with 6.5% and 4.5% of forces made up of women.

“At the current evolutionary stage we are in, there is no longer room for discrimination or establishment of percentages based on fragile and dubious criteria and assumptions. I think that the competition should have equal physical and mental demands, regardless of gender. And the training is the same,” says Cajueiro.

PM and Fire Department comply with Organic Law

Despite the controversial points, the new law is being well received by professional entities interviewed by the report. “Updating an organic law is always convenient and welcome, in the sense of evolution, progress and adaptation to new demands”, says Colonel Cajueiro.

Military police officers are governed to this day by Decree-Law 667, of 1969, and the bill under analysis this Tuesday has been in progress for 22 years in the National Congress, having been presented during the government of former president Fernando Henrique Cardoso (PSDB) , in 2001.

Colonel Marlon Teza, from Feneme, states that the new law is welcomed for modernizing the organization of corporations and for bringing legal support and legal security to the existence and performance of military police and fire departments, by establishing principles, guidelines, competencies, rights, duties and prohibitions for both institutions.