In Rio de Janeiro, state deputy Anderson Moraes (PL) presented a bill this week that aims to legalize the actions of groups such as the “Copacabana vigilantes”.
In recent days, residents of the area, located in a prime area of the capital of Rio de Janeiro, have organized groups to combat crime in the neighborhood. The initiative came after the escalation of violence in the region.
According to the project, the Guardian of Public Security program would be created, which would bring together vigilantes. The program, says the text, would be composed of “martial arts practitioners or former public or private security agents, with the aim of supporting the policing of the State’s public security bodies, in areas with high rates of robberies and thefts” .
“Guardians must be trained by public security bodies and have the necessary equipment to immobilize the criminal and immediately communicate with police stations, as well as refrain from action in the event of an imminent risk to the physical integrity and life of the criminal or the victim, acting in reporting the crime”, adds the text.
According to the project, the “Security Guardians” must be made up of people from “various social classes, color and sex, always striving for actions guided by respect for human rights, despite the necessary proportional use of force, as provided for in the criminal legislation”.
Finally, the text provides that “public security bodies will be able to train guardians in their respective martial arts academies, maintaining a strict protocol to be applied linearly in these environments” and that the state is “authorized to sponsor legal services for Guardians, if necessary”.
In his justification, the deputy says that the proposal arose “in view of the serious social situation resulting from widespread robberies among the population of Rio de Janeiro, mainly in the city of Rio de Janeiro, carried out by criminals, sometimes released by the judiciary on several occasions”.
“This bill aims to support citizens, martial arts practitioners or former public or private security agents who wish to help protect their community, establishing partnerships, after due qualification, to strengthen public security, without giving up ‘ the necessary observance of current criminal and human rights standards”, he explains.
“Therefore, until Criminal Laws are tightened and interpretations in the Judiciary Branch are not modified, in the sense that repeat criminals are not freely committing crimes against citizens, I propose this legislation to my peers, as a complementary measure at the state level” , ends.
Expert says project is unconstitutional
Lawyer Ariel de Castro Alves, a specialist in human rights and public security and honorary president of the group Tortura Nunca Mais, criticizes the proposal and says that the text is unconstitutional.
He cites item XVII of article 5 of the Federal Constitution, which determines that “freedom of association for lawful purposes is complete, paramilitary in nature is prohibited”.
“[O projeto] It also contradicts the Penal Code, which stipulates the activities of militias and extermination groups as a crime. A state law cannot contradict federal legislation,” he explains.
According to Castro Alves, “public authorities cannot sponsor and support illegal and unconstitutional activities”. “If this is done, public managers will be liable for administrative misconduct.”
“This type of proposal is opportunistic and demagogic and aims to create controversy to promote the parliamentarian among his constituents in the face of the serious public security crisis”, comments the expert.
The lawyer adds that “the proposal intends to legalize the militias and establish a true ‘wild west’, further contributing to public insecurity, as the victims of these groups will probably be chosen by color, race and social class.”
A CNN contacted the deputy’s office to obtain the parliamentarian’s position on the proposal, but has not yet received a response.
Processing
The proposal needs to be approved by the Constitution and Justice committees; Public Safety and Police Affairs; and Budget, Finance, Financial Surveillance and Control.
If it passes all these committees, it must be put to a vote in plenary. Once approved, it goes to governor Cláudio Castro (PL), who may or may not sanction the text.
Source: CNN Brasil
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