A segurança pública no Rio Grande do Sul após as leis nº 13.022/14 e 13.060/14: violação dos direitos fundamentais

Abstract

This study aims to analyze if with the enactment of Law No. 13.022 of 2014, which talks about the General Status of Municipal Guards and No. 13.060 of 2014, which regulates the use of instruments of minor offensive potential by law enforcement officials around the national territory, there was violation of public security in the state of Rio Grande do Sul. It used deductive approach method and the method of Comparative procedure. Public security is treated as a fundamental right and is analyzed briefly the Principle of Human Dignity and the fundamental rights to life, to equality, to security and property. Also is studied from the art. 144 of the Federal Constitution of 1988 the organs responsible for the Public Safety, being this study directed to the Military Police, called Military Brigade in the state of Rio Grande do Sul. In § 8 of the said article there is a provision of the Municipal Guard, which is also analyzed. It appears that there are difficulties in the execution of Law 13.060 / 14 in Rio Grande do Sul, and wonders whether the prohibition of firearm use in certain situations. In addition, there was the expansion of the competence of the Municipal Guard, from the Law 13.022 / 14. We conclude that both laws are shown beset with unconstitutionality, directly hurting the fundamental right to public security, as also in reflex pathway injuring the Principle of Human Dignity and the fundamental rights to life, to equality, to security and to property.