Star Metro - Brazilian Senate Approves Public Security Constitutional Amendment

The Brazilian Senate has unanimously approved a constitutional amendment designed to create a unified national public security system and impose stricter penalties for organized crime. The proposal, which integrates federal, state, and municipal law enforcement efforts, now moves to promulgation after securing broad support across party lines.

The measure passed in two voting rounds on Tuesday, receiving 73 favorable votes in the first round and 75 in the second. No senator voted against the text. To pass a constitutional amendment in Brazil, at least three-fifths of the Senate must approve it, requiring a minimum of 49 affirmative votes.

The proposal was authored by the executive branch and had been considered a priority for President Luiz Inácio Lula da Silva’s administration, which seeks to establish a new Ministry of Public Security. The amendment establishes the Single Public Security System (SUSP), intended to coordinate the fight against organized crime among different levels of government.

Under the text, the federal government, states, and the Federal District will be authorized to create laws regarding public security, including intergovernmental task forces, the organization of police and municipal guards, and the socio-educational system. The measure also mandates that individuals convicted of crimes linked to criminal organizations, paramilitaries, or private militias must serve their sentences in maximum-security or special-nature penal establishments.

Additional provisions restrict the progression of prison regimes, the granting of bail or temporary release, and allow for the expropriation of assets involved in criminal activities. The amendment also defines the creation of municipal police forces for ostensive and community policing, expands the role of the Federal Highway Police to waterways and railways, and maintains the Federal Police under exclusive federal competence.

Prior to the final vote, the Senate approved an amendment by 67 votes to zero, allowing the National Public Security Fund to finance actions by the Armed Forces for the Guarantee of Law and Order (GLO).

Senator Flávio Bolsonaro, who fled to the United States after losing the presidential election, voted in favor from abroad. Several other senators were absent during the voting rounds, including Carlos Portinho, Giordano, Jorge Seif, Magno Malta, Omar Aziz, Rogério Marinho, Marcos Pontes, Dra. Eudóxia, and Luiz Carlos Heinze. Senate President Davi Alcolumbre did not vote due to his role presiding over the chamber.

Before the approval of the public security amendment, the plenary had decided to vote on the text without considering amendments from the Liberal Party (PL) and the Workers' Party (PT) that sought to lower the age of criminal responsibility. The Senate is scheduled to vote on a separate proposal by Senator Camilo Santana on Wednesday, which would lower the age for responding to heinous crimes to 16.

X.Gaboury--SMC