A previsão do art. 144, vi, § 8, da Constituição Federal de 1988: o papel das guardas municipais e seus desdobramentos jurídicos na atualidade

Abstract

Public security, as established in the preamble of Article 144 of the 1988 Federal Constitution, is a duty of the State and a fundamental right of all, structured by bodies from different federative spheres. In this context, this study aims to analyze the constitutional role of Municipal Guards, in light of the preamble and paragraph 8 of the aforementioned article, emphasizing their duties, institutional limits, and the process of expanding their role in the Brazilian public security scenario. To this end, a methodology based on bibliographic and documentary review is adopted, encompassing doctrines, legislation, scientific articles, and jurisprudential understandings relevant to the topic. It is observed that, although originally focused on the protection of municipal assets, services, and facilities, Municipal Guards have been progressively recognized as important agents of prevention and community policing, integrating the Unified Public Security System. It can be concluded that strengthening these institutions is directly related to cooperation between federative entities, the clear definition of competencies, and the consolidation of their institutional identity.