A ampliação dos parâmetros constitucionais de atuação das guardas municipais: uma perspectiva à luz do tema 656 da repercussão geral

Abstract

Analyzes the historical, normative, and jurisprudential evolution of Municipal Guards in Brazil, with a special focus on the expansion of their responsibilities within the scope of public security. It begins with the constitutional enshrinement of the fundamental right to security and the recognition of the ineffectiveness of a traditional security model centralized solely at the federal and state levels in addressing the complexity of contemporary urban violence. In this context, it examines the process of municipalization of public security and the institutional strengthening of Municipal Guards, particularly from the 1988 Federal Constitution, infra-constitutional legislation, and especially the actions of the Supreme Federal Court. The focus is on the landmark decision rendered in Extraordinary Appeal No. 608.588/SP, judged under the General Repercussion regime (Theme 656), which consolidated the understanding regarding the possibility of Municipal Guards acting in overt and community policing activities, provided that constitutional limits and the competences of other entities and security bodies are observed. This research adopts a qualitative methodology, based on bibliographic review, legislative analysis, and examination of jurisprudence, seeking to contribute to the legal debate on redefining the role of Municipal Guards and their relevance in building a more integrated, efficient public security system oriented towards the protection of fundamental rights.