A Guarda Municipal na Jurisprudência dos Tribunais Superiores: da pertinência temática à problemática do policiamento ostensivo

Abstract

This study analyzes the institutional reconfiguration of Municipal Guards (GMs) in Brazil in light of recent and paradigmatic decisions by the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). Historically restricted to the protection of municipal assets, services, and facilities (art. 144, § 8 of the Federal Constitution), these institutions have experienced a significant expansion of their attributions, being formally integrated into the Unified Public Security System (SUSP). The research examines the impact of ADPF 995, which consolidated the status of Municipal Guards as public security agencies, as well as Case Theme 656, which recognized the constitutionality of ostensive and community policing. This is contrasted with the rigorous procedural control exercised by the STJ over personal searches and evidence obtained by these agents. The study concludes that the consolidation of the Municipal Guard as a security force must respect the pillars of the democratic model. It refutes the notion that repressive efficiency can authorize a deviation of legal functions, reinforcing that the protection of the citizen depends, essentially, on the respect for procedural forms and the rules of legal competence.