President Lula sanctioned, on Thursday (23/11), the National Organic Law of Civil Police, a text that aims to serve as the basis for the laws of the states and the Federal District on the functioning of the category. Among the sections vetoed by Lula is the one that provided for full retirement for the category.
The text, which was being processed in the National Congress for 16 years, was approved in October and has been awaiting presidential approval since then.
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Vetoes
The law provided for full retirement for professionals — that is, a benefit equals to the average salary of active police officers.
The vetoes also affected the following points:
- Maximum working hours of 40 hours per week, with overtime.
- Pregnancy leave, maternity leave, and paternity leave.
- Paid leave of three months every five years.
- Cost assistance when the professional is removed from his/her assignment to another municipality.
- Advance payment of daily allowances for travel to perform duties away from headquarters.
- Compensation for uniforms, safety equipment, dangerous conditions, unhealthy conditions (exposure to harmful substances), activities in difficult to access locations and night work.
How is the text?
The text sanctioned by Lula provides that in the event of the death of a civil police officer due to aggression, occupational illness, contamination by a serious illness, or due to police duty, dependents will be entitled to a pension (for life, in the case of the spouse) equivalent to the remuneration of the highest-class position and level at the time of death.
The text also establishes that civil police officers, upon their retirement, will retain the authorization to freely carry firearms valid throughout the national territory, in accordance with current legislation.
One of the articles defines that the General Delegate of Civil Police must be appointed by the governor and chosen from among the active police delegates of the highest class of the position. Other rights guaranteed to the category are special prison, entry, and free movement in any location due to their function, subject to constitutional guarantees, and priority in transport services when on an emergency mission.
Analysis:
The text, approved in Congress and now sanctioned with restrictions, promotes relevant changes in the structure and organization of the Civil Police. However, it is not a modernization of the institution. The proposal aims to establish general guidelines for the civil police forces from the different federative entities, which will then elaborate the state organic laws for their respective police corporations. In general, the organic civil police bill aims to legalize many structures and prerogatives that already exist in the corporation, albeit precariously. In addition, it aims to give autonomy for the civil police and to ratify the police investigation as a piece analogous to the judicial process. In this sense, it is clear that it aims to give a legal tone to the civil police, giving civil police chiefs a greater role in the public security debate.
At the same time, the bill can generate some conflicts. It is noteworthy that the project claims to provide several advantages for civil police officers, which can generate tensions between these professionals and state governments in the search for the implementation of what is provided for in national legislation. Another potential source of problems comes from the attempt of bringing the civil police closer to the legal field and giving them autonomy. On other occasions, such attempts were considered unconstitutional by the Federal Supreme Court (STF), which could lead to future judicial challenges to the organic law.
Source: Fonte Segura; G1.
