Senate approves basic text of the Public Security PEC in the first round

The Senate approved in the first round the basic text of the proposed amendment to the Public Security Constitution (PEC) this Tuesday (3). Senators still need to analyze a highlight and possible changes to the text.

🔎 To be approved, a PEC must have at least three-fifths of the votes in favor in both votes. In other words, it needs to have the support of 49 senators.

➡️The PL's proposal is for the age of criminal responsibility to be reduced to 16 years in cases of less serious crimes, and to 14 years in heinous ones;

➡️PT's proposal reduces the age of majority to 16 only for heinous crimes, maintaining it for others.

In practice, the Federal Senate approved two requests that send the two amendments presented to be processed separately from the Public Security PEC in the Senate.

Before the second round, the Constitution and Justice Commission (CCJ) approved the PEC and the plenary even set the topic for voting. However, the analysis was postponed due to an impasse between the government and the opposition over the reduction of the age of criminal responsibility.

The government has indicated that it is in favor of discussing reducing the age of majority to 16 in cases of heinous crimes. But he wants this discussion to be carried out in a specific PEC that is already under analysis in the Chamber.

PL members, however, are trying to approve lowering the age of majority in cases of serious crimes to 14 years, in the text that is already in the Senate.

This is the government's first test after President Luiz Inácio Lula da Silva's (PT) victory in the elections. The strategy is to approve the text this year and avoid analysis with a majority of PL senators from 2027 onwards.

The Public Security PEC is considered a priority for Lula's government, which intends, after approval, to create the Ministry of Public Security.

In October, the Senate plenary approved a special calendar to break the interstice – a period foreseen in the Senate's internal regulations that foresees five debate sessions before voting on the proposal in the first round, plus five working days and three other debate sessions for voting in the second round.

Unified Public Security System

The proposal establishes in the Constitution the Unified Public Security System (SUSP), whose objective is to integrate the fight against organized crime among entities.

According to the text, the Union, States and Federal District will be able to create laws in the area of ​​public security, including intergovernmental task forces, organization of police and municipal guards and the socio-educational system.

Another central point of the Public Security PEC is about combating violent crimes and criminal factions.

Among the measures are mandatory imprisonment in a maximum security or special nature penal institution.

The progression of regime, the granting of provisional release, with or without bail, and temporary release are also prohibited or restricted.

The PEC also allows the expropriation of any and all assets, rights or economic values ​​involved in criminal activities. The rules apply to criminal, paramilitary and private militia organizations.

The proposal also allows:

creation of municipal police forces for overt and community policing; expansion of the work of the Federal Highway Police (PRF) to police waterways and railways, in addition to supporting other security forces, when requested by the governor; maintain the Federal Police and PRF under the exclusive jurisdiction of the Union, as well as the rules for intelligence activities.

Lula asked for approval

The topic is considered a priority for President Lula's government, which intends, after approval, to recreate the Ministry of Public Security.

The idea is for the portfolio to be permanent, giving more assurance to the population that a national public security policy will be maintained.

Federal Senate Plenary — Photo: Jonas Pereira/Agência Senado