Federal Police (Brazil)

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Coat of arms of the federal police

The Federal Police of Brazil ( Portuguese Polícia Federal do Brasil , PF for short) or Federal Police Directorate ( Departamento de Polícia Federal , DPF for short), is a Brazilian police institution that is subordinate to the Ministry of Justice and Public Security, which according to the constitution of 1988 exclusively carries out the functions of the criminal investigation department.

The headquarters of the federal police are located in Brasília with decentralized units (regional superintendents) in all the federal capitals, as well as police stations and outposts in several cities in the country. From January 1, 2019 to April 24, 2020, the general management was exercised by Maurício Valeixo.

The Policia Federal also operates in the field of public security to protect public order and safety of people, as well as the assets and interests of the Union, by conducting maritime, airport and border police activities , combating drug trafficking , and smuggling embezzlement performs. In accordance with Article 144 (1) of the Federal Constitution, it is established by law as a permanent body, organized by the Union and structured in its career.

history

Opinions differ as to the origin of the Federal Police. Some place the origin in the creation of the General Police Intendenz in 1808 by D. João VI., With the advent of the Criminal Procedure Code of 1832 and the creation of the position of Police Chief with the reform of the Code in 1841, in Law No. 261 This nomenclature in some civil police forces, such as B. that of Rio de Janeiro has been preserved to this day.

Others trace the origin of the federal police back to the time of the Estado Novo (1937–1945) in the Getúlio Vargas government when, on March 28, 1944, the former civil police of the federal district (now the civil police of the state of Rio de Janeiro ) through Legislative Decree No. 6,378 changed its name to the Federal Department of Public Security (Departamento Federal de Segurança Pública, DFSP for short). The change in the nomenclature was justified by the need for a police force operating throughout the country. This should enable the police of Rio de Janeiro to operate in the other Brazilian states, even if these have retained their institutional structure from the time they were founded, which dates back to the early 19th century.

The DFSP grew in size, importance and tasks until April 21, 1960, when the federal capital was moved from Rio de Janeiro to Brasília. On this occasion, many members of the DFSP refused a transfer to the new capital and preferred to stay in Rio de Janeiro and form the civil police of the state of Guanabara , an authority that at the time had an institutional tradition of over 150 years. As a result, the Brasília Corporation lacked not only staff, but also important materials and archives, as entire sectors remained in Rio de Janeiro - for example the department for political and social police, which was connected to the state administration, was still open at national level.

In 1960 the DFSP merged with the other public security authority of the city of Brasília, the Special Guard of Brasília (GEB) - responsible for maintaining order in the Brasília area - while retaining the name DFSP. A structure was then sought for the DFSP, based on the most advanced models, and serving as a model for the structure of other police apparatus in developed countries such as the United States , Canada and England .

At the end of 1960, the executive sent a draft law to Congress with the aim of creating a police agency with a structural composition similar to the security institutions of the above-mentioned countries. The idea was to create a Federal Department of Public Security with operations across the country. This idea blossomed and became a reality with the passage of Law No. 4,483 of November 16 of the same year, which reorganized the DFSP.

Finally, Article 210 of the Brazilian Constitution of 1967 changed the name of the DFSP body to the Federal Police Department, whose tasks are defined in Article 8, Item VII, Paragraphs "a" to "d" of the aforementioned Magna Carta. This change took effect in February of the same year.

Law No. 4888 of December 3, 1965 created the statute of federal police officers, which has been amended several times over the years, and in which the nomenclatures "Federal Department of Public Security" and "Federal Police Department" coexist. Despite these changes, the statute still maintains, among other things, the disciplinary model that emerged during the military regime, which largely provides for the punishment of police officers who criticize the government by "referring in a derogatory manner to the authorities and actions of the public administration" or " Promote demonstrations against actions of the administration ".

Although the military directors of the Federal Police inherited the structure of the DFSP, the intention was always to improve it and transform it into an institution modeled on the North American FBI . Following this idea, the career structure of the Federal Police was laid down in the constitution of 1988 (Art. 144, Paragraph 1).

The 1988 constitution stipulated that the house search warrant could only be issued by the judicial authorities, which prompted the federal police to pursue a strategy of temporally and confidential information gathering within the scope of the investigations, which were to be carried out at the same time on a date specified in the investigation strategy . Also in 1988, the federal police dealt drug traffickers in the hills of Rio de Janeiro a heavy blow with Operation Mosaic, while at the same time as the Medellin cartel tried to stop the route of drug traffickers in Rio. In 1996 all positions in the federal police force were upgraded to senior positions.

independence

The first step in a movement to renew the Polícia Federal was taken in 2000. Until then, the Polícia Federal was commonly seen in Brazil as an organization of corrupt police officers who "kick down doors". In the late 1990s, the cars and even the gasoline were funded by the Central Intelligence Agency (CIA). "The money is ours, the rules are ours," said John M. Derham - Deputy Chief of Mission at the US Embassy in Brasília - in May 1999.

With Derham's return to the United States, the budget rose from R $ 100 million in 1999 to R $ 200 million the following year.

Promotions began to be based on competence rather than seniority. In 2006, the PF's budget was R $ 600 million and comprised 11,000 federal police officers who took turns operating across the country with the assistance of five helicopters, nine planes, two dozen boats, and 2,327 vehicles. 119,000 operations have been performed since 2003.

Abolition of censorship

In 1988 the Public Entertainment Censorship Department of the Federal Police Department was abolished.

As of 1990, Ordinance No. 773 of October 19, 1990 established the classification of public entertainment, radio and television programs according to Articles 21, XVI and 220, § 3, I, of the 1988 Constitution and defined the age groups for which they were not recommended, as well as places and times when their performance is inappropriate for children and young people.

tasks

The federal police have extensive powers both as administrative police and as criminal police . Its responsibilities are not only defined in the constitution, but above all in a diffuse sub-constitutional legislation.

According to Article 144, Paragraph 1 of the Brazilian Constitution of 1988, the Federal Police are responsible for:

  • Investigating criminal violations of the political and social order or to the detriment of goods, services and interests of the Union or its local authorities and public companies, as well as other violations, the practice of which has intergovernmental or international effects and which requires uniform repression, as provided by law;
  • Preventing and suppressing the illicit trafficking in narcotics and related drugs, smuggling and embezzlement, without prejudice to the activities of the Treasury and other public bodies in their respective areas of responsibility;
  • Exercise of the functions of the maritime, airport and border police;
  • Exercise, exclusively, the functions of the Union Criminal Police.

The federal police also have powers set out in other laws and decrees:

  • Fight against terrorism (see: Terrorism in Brazil);
  • Ensuring the safety of foreign heads of state and heads of international organizations visiting Brazil;
  • Preventing and suppressing cyber crime;
  • Combating pedophilia;
  • To be the exclusive representative of Interpol in Brazil, suppressing international crime and searching for international refugees;
  • Preventing and suppressing crimes against indigenous peoples;
  • Suppression of diversion of public funds;
  • Control and management of the SINARM (National Weapons System) and the firearms available to the population;
  • Repression of environmental crimes and against historical heritage;
  • Regulation, control and supervision of all private security activities in Brazil;
  • Implementation and maintenance of the RIC - Civil Identity Registry - of the future national identity card;
  • Implementation and maintenance of the database with genetic profiles of criminals;
  • Control and inspection of chemical products;
  • Suppression of interstate or international crimes;
  • Suppression of social security crimes;
  • Investigating and prosecuting human rights violations;
  • Suppression of kidnapping, private detention and extortion through kidnapping if the perpetrator was forced to do so for political reasons or because of the public service performed by the victim;
  • Suppress the theft, robbery or receipt of cargo, including goods and valuables, transported in interstate or international operations when there is evidence of gang or gang activity in more than one state in the Federation.
  • Investigation and repression of political crimes;
  • Investigate and suppress the crime of money laundering;
  • to cooperate with other public security institutions and to provide the relevant information to the police intelligence service;
  • Prevention, investigation and prosecution of all other crimes on a subsidiary basis to the State Civil Police if so requested;
  • Secure candidates for up to 137 days prior to the election

It often happens that the federal police force is mistakenly mistaken for a pure criminal investigation department. In contrast to the state civil and military police, which only have judicial (civil police) or pretended (military police) powers, the federal police have what is known as the full police cycle. This means that the federal police have both superficial and judicial powers. Like most police officers in developed countries, the federal police perform preventive, investigative and repressive functions in matters that fall within their remit.

Some examples of what appears to be the federal police force are:

  • Immigration police
  • Border Guard
  • Shipping Police
  • Prevention of crimes against indigenous peoples and institutional security (protection of the institutions of the republic)

Another preventive police function that the Federal Police also perform is the personal safety of foreign heads of state visiting Brazil.

In addition to police activity, the PF also exercises some regulatory powers. This is the case with private security control, the national weapons system and control of chemical products.

organization

General Director

He is the director general of all federal police officers in Brazil and, necessarily, a publicly recognized federal police officer with a career of at least 15 years - which ensures that the political indication is placed on a career officer who has an impeccable reputation. The Director General reports to the Minister of Justice and is subject to the disciplinary code of the federal police, whereby he is legally prevented from acting arbitrarily or against the interests of the judiciary.

Police chiefs
No. Surname Assumption of mandate End of mandate
Antônio Barbosa de Paula Serra 04/02/1964 06/21/1964
Riograndino Kruel 06/21/1964 August 26, 1966
Newton Cypriano de Castro Leitão August 26, 1966 03/15/1967
Directors
No. Surname Assumption of mandate End of mandate
1 Florimar Campello 03/17/1967 04/24/1968
2 José Bretas Cupertino 05/10/1968 10/31/1969
3 Walter Pires de C. e Albuquerque 10/31/1969 04/26/1971
4th Nilo Caneppa 04/26/1971 05/10/1973
5 Antônio Bandeira 05/10/1973 02/14/1974
6th Moacyr Coelho 03/18/1974 March 22, 1985
7th Luiz de Alencar Araripe March 22, 1985 01/13/1986
8th Romeu Tuma 01/29/1986 04/29/1992
9 Amaury Aparecido Galdino 04/29/1992 07/06/1993
10 Wilson Brandi Romão 07/09/1993 02/15/1995
11 Vicente Chelotti 02/16/1995 05.03.1999
12 Wantuir Francisco Brasil Jacini 03/08/1999 06/15/1999
13 João Batista Campelo 06/15/1999 06/21/1999
14th Agílio Monteiro Filho 06/24/1999 04/03/2002
15th Itanor Neves Carneiro 04/03/2002 07/18/2002
16 Armando de Assis Possa 07/18/2002 01/08/2003
17th Paulo Lacerda 01/08/2003 09/03/2007
18th Luiz Fernando Corrêa 09/03/2007 01/06/2011
19th Leandro Daiello Coimbra 0701.2011 11/09/2017
20th Fernando Queiroz Segovia Oliveira 09.09.2017 02/27/2018
21st Rogério Augusto Viana Galloro 02/27/2018 01/01/2019
22nd Maurício Valeixo 01/01/2019 04/24/2020
23

Web links

Individual evidence

  1. ↑ a b c d Constitution of Brazil. Retrieved April 25, 2020 .
  2. ↑ Moro anuncia Maurício Valeixo como diretor da Polícia Federal. In: Veja . November 20, 2018, accessed April 25, 2020 (Brazilian Portuguese).
  3. ↑ Luís Reznik: Democracia e segurança nacional. A polícia política no pós-guerra. Editora FGV, Rio de Janeiro 2004.
  4. ↑ casali.hca: Memória - Polícia Federal. Retrieved April 26, 2020 (Brazilian Portuguese).
  5. ^ Portal da Câmara dos Deputados. Retrieved April 26, 2020 .
  6. ↑ Luís Reznik: Democracia e Segurança Nacional. A polícia política no pós-guerra . Editora FGV, Rio de Janeiro 2004, pp. 179-180. ( limited preview in Google Book search).
  7. ^ History of the Policia Federal. Retrieved April 25, 2020 (Portuguese).
  8. ↑ Lei Nº 4.878, de 3 dezembro de 1965 - Dispõe sôbre o regime jurídico peculiar dos funcionários policiais civis da União e do Distrito Federal. In: gov.br. December 3, 1965, accessed April 26, 2020 (Brazilian Portuguese).
  9. ↑ Lei nº 11.358 / 2006 Acessado em 16 de março de 2012.
  10. ↑ Lei 4888-4898. Retrieved April 26, 2020 (Portuguese).
  11. ↑ Veja , "Polícia: Razões para matar" ed 455, pág.35; São Paulo, 25 de May 1977
  12. ↑ Planalto.gov: Constituição Federal de 1988. Retrieved April 26, 2020 (Brazilian Portuguese).
  13. ↑ L9266. Retrieved April 25, 2020 .
  14. ^ Alan Rodrigues, Hugo Marques, Rodrigo Rangel: Por dentro da Polícia Federal. In: org.br. Polícia Federal, September 11, 2006, accessed April 27, 2020 (Brazilian Portuguese).
  15. ↑ Polícia Federal tem segundo menor orçamento em 10 anos. Dom total, July 10, 2017, accessed April 25, 2020 (Brazilian Portuguese).
  16. ^ Constitution of the United States of Brazil (1988). Retrieved April 26, 2020 .
  17. ↑ Polícia Federal abre centro de repressão a crimes cibernéticos - CIO. October 29, 2013, accessed April 25, 2020 .
  18. ↑ Folha de S.Paulo - Poder - Polícia Federal cria delegacia contra desvios de recursos - 01/04/2012. Retrieved April 25, 2020 .
  19. ↑ L9017. Retrieved April 25, 2020 .
  20. ↑ L10446. Retrieved April 25, 2020 .
  21. ↑ L10446. Retrieved April 25, 2020 .
  22. ↑ Laranjas cortadas not param em pé Sítio da Federação Nacional dos Policiais Federais . Acessado em 16 de março de 2012.
  23. ^ A b Galeria de ex-Diretores Gerais da Polícia Federal. In: www.pf.gov.br. Polícia Federal, accessed April 27, 2020 (Brazilian Portuguese).
  24. ↑ Nomeação de Segóvia para comando da PF é publicada no Diário Oficial - Política. In: com.br. Estadão , November 9, 2017, accessed April 27, 2020 (Brazilian Portuguese).
  25. ↑ Jungmann demite Fernando Segovia e escolhe Rogério Galloro como diretor-geral da Polícia Federal. In: globo.com. G1 , February 27, 2018, accessed April 27, 2020 (Brazilian Portuguese).
  26. ↑ Bolsonaro exonera Valeixo do cargo de diretor-geral da Polícia Federal. In: com.br. noticias.uol.com.br, April 24, 2020, accessed April 27, 2020 (Brazilian Portuguese).