HE SAGA OF THE PUBLIC SAFETY CONSTITUTIONAL AMENDMENT PROJECT (PEC)

Criminality is a complex issue that generates concern in society, especially in Brazil, due to the increase in violence in the country since 1972, when the urban population surpassed the rural population as a result of the exodustriggered by the so-called “Brazilian miracle.” As in previous administrations, the current government has already issued documents to address this urgent matter, a portfolio that now includes a Proposed Constitutional Amendment (PEC). These are relatively interesting suggestions, but they show themselves to be insufficient for being palliative, scattered, and inadequate, as the focus is directed solely at causality—the point where causes flow and effects return—without considering both components, which are essential to structuring the problem. Hence, the Ministry of Justice and Public Security’s (MJSP) efforts to gain support have not, thus far, amounted to an epic endeavor. The introduction of PEC-18, known as the Public Security PEC, has made it possible, to some extent, to identify two serious shortcomings. The lack of a genuine policing doctrine—with emphasis on terminology and conceptualization—has led to heterogeneous interpretations and varied manifestations. Even the name of the PEC—Public Security—is misguided, as it actually only presents proposals to address one of the threats—criminality—and, moreover, only certain portions of one of its aspects: containment. Another shortcoming is the lack of effective coordination at all three levels. This is mentioned in passing in the SUSP law and in the National Public Security and Social Defense Policy, but it has not been implemented effectively. Overall, it is understood that the MJSP acts impulsively in presenting a proposal for a demand that cannot be addressed by this ministry alone. In fact, it cannot even be addressed solely by the Government, since the treatment of threats—even if focused on only one—must begin with a State Policy. Keywords: Public Safety; Constitutional Amendment, PEC.