O poder de polícia da guarda municipal: limites legislativos à luz dos tribunais superiores

Abstract

The present article aims to analyze the legislative limits of the police power attributed to Municipal Guards, in light of the decisions of the Federal Supreme Court (STF). Considering the growing prominence of these corporations within the context of public security, especially after the enactment of Law No. 13,675/2018 and the ruling in ADPF 995/DF, the study seeks to understand how the Brazilian legal system legitimizes and limits the actions of these agents in exercising police power. The objective of the research was to verify whether Municipal Guards legitimately perform typical public security functions and what the legal limits of such actions are. To this end, a qualitative methodology was adopted, based on a literature review and jurisprudential analysis, focusing exclusively on recent decisions by the Federal Supreme Court regarding the performance of Municipal Guards in light of the constitutional framework. Among the main findings, the STF confirmed that Municipal Guards are part of the Unified Public Security System and may carry out preventive and ostensive functions. Rulings such as Complaint 70.751/SP, Complaint 77.357/SP, and other precedents reinforce the understanding that, although they do not bear the title of police, their activities are legitimate when the principles of legality, proportionality, and reasonableness are respected. However, the Court has also reiterated the need to observe legal requirements for stops and the admissibility of evidence. The research concludes that, despite significant advances in consolidating the role of Municipal Guards, legal uncertainties and resistance in lower courts still persist. This work contributes to the field of Constitutional and Administrative Law by clarifying the legal limits and possibilities of the police power exercised by these corporations, encouraging greater uniformity and legal certainty in the application of the law.