A (i)legalidade da atuação das guardas civis municipais nas funções típicas das polícias militares : uma perspectiva constitucional e operacional.

Abstract

This monographic study analyzes the constitutionality and legality of the progressive operational expansion of Municipal Civil Guards (GCMs) within the Brazilian public security landscape, confronting their performance with the original and exclusive duties of the Military Police. The general objective is to delimit the institutional boundaries of these corporations in light of Article 144 of the 1988 Federal Constitution and the principles of Administrative Law. Methodologically, a dogmatic-jurisprudential and quantitative research approach was utilized, supported by empirical data extracted from the 19th Brazilian Public Security Yearbook and related technical studies. The results demonstrate a 58.2% increase in municipal investments in public security between 2021 and 2024, parallel to an acute process of tactical mimicry and local militarization, characterized by the acquisition of heavy weaponry. The study concludes that the incursion of municipal forces into typical repressive ostensive policing functions lacks normative backing, generating a double vacuum in urban protection, severe allocative inefficiency of public resources, and critical legal uncertainty within criminal procedural law due to the systematic annulment of evidence by superior courts. Consequently, it recommends the strategic return of municipal guards to their constitutional path of primary prevention and asset protection, preserving the unity of command and the exclusivity of the Military Police in maintaining public order.