With Zanin’s vote, STF recognizes municipal guards as public security bodies

With a tie-breaking vote by Minister Cristiano Zanin, the Federal Supreme Court (STF) formed a majority this Friday (25) to recognize that municipal guards are part of public security bodies. The result of the judgment will have general repercussions, that is, it should be adopted throughout the country.

The action was filed by the National Association of Municipal Guards (ANGM), which questioned the divergences in judicial decisions in other instances on the subject. The entity argued that some judges consider that municipal guards cannot approach and search places suspected of drug trafficking.

ANGM asked for the inclusion of the category in the list of public security bodies determined in the Constitution. The case’s rapporteur, Minister Alexandre de Moraes, voted in favor of the association’s demand. “The constitutional and legal normative framework, as well as the jurisprudential position of this Supreme Court in relation to the Municipal Guards, allows us to conclude that it is a public security body, part of the Unified Public Security System (SUSP),” wrote the minister.

Zanin’s vote broke the tie

The trial was resumed in June, when the Court, which is made up of 11 ministers, had ten magistrates, due to the retirement of Ricardo Lewandowski. The ministers voted, however, there was a tie. Accompanying Moraes’ understanding were Dias Toffoli, Luís Roberto Barroso, Luiz Fux and Gilmar Mendes.

Edson Fachin, André Mendonça, Kassio Nunes Marques, Cármen Lúcia and Rosa Weber voted for the rejection of the action. With the tie, the trial was suspended to await the inauguration of the new minister. At the beginning of August, Cristiano Zanin became part of the Court and broke the tie in favor of the municipal guards. He followed Moraes’ vote.

“With the most respectful bows to understandings in the opposite direction, I understand that the vote of the Rapporteur, Minister Alexandre de Moraes, presented strong grounds for the knowledge of the present argument and, on the merits, for its provision”, said Zanin. For the minister, “the jurisprudence of this Supreme Court is extensive, which recognizes that municipal guards carry out public security activities”.

President of association says judgment brings legal certainty to municipal guards

The president of the Association of Municipal Guards of Brazil (AGM Brasil), Reinaldo Monteiro, considered the decision as a “great victory” for the category. “[A decisão] it pacifies many issues within the Judiciary… Bearing in mind that some judges did not consider the municipal guards as public security bodies”, he pointed out.

Monteiro said that the understanding of the Supreme brings legal certainty for the performance of municipal guards. In addition, the president of AGM Brasil stressed that the decision is “fundamental” for the category to advance in prerogatives such as special retirement.

“This decision does not change the way municipal guards work, it just gives peace of mind that municipal guards can continue to act in public security within the municipal territory, carrying out what we call basic public security. That is, the protection of goods, services and facilities, as well as the systemic protection of the population, which uses these municipal goods and services”, said Monteiro.

The trial ends on the night of this Friday, during this period the ministers can change their votes, ask for a review, that is, more time for analysis, or request that the action be judged in the plenary of the Supreme Court.