Estudo comparado do sistema de segurança pública do Brasil e do México a partir da legislação

Abstract

The objective of this comparative study is to understand the structure, organization and functioning of the public security system in Brazil and Mexico. For this, it was carried out a review of the legislation of each of these countries, specifically the Constitutions Federal, State Constitutions and, finally, some laws and regulations that are directly related to the public security system in Brazil and Mexico. In this research we analyzed how the public security system is structured in the Federal Constitutions of Brazil and Mexico. In this first approximation with the two systems of public security, it is now possible to distinguish substantial differences. Afterwards, it is analyzed the model of preventive police and judicial police present in Mexico and Brazil. The preventive police are uniformed and their main objective is to prevent crime through overt patrolling. The judicial police work without uniforms and discreetly, with the aim of investigating the crimes committed and bringing them to justice. With this classification, it is possible to compare the preventive police model present in these two countries. Among the main differences found is, on the one hand, the centralization preventive police in Brazil, where there is only one Military Police per State; per on the other hand, the decentralization of preventive police in Mexico, where the basis of the model is the Municipal Preventive Police. Another important difference is the military nature of the preventive police in Brazil and the civil nature of preventive police in Mexico. After studying the model of the judicial police, it appears that, in both countries, this police is centralized. In Brazil, for each State there is only one Civil Police. In Mexico, for Each State has only one Ministerial Police. However, there is a substantial difference in the judicial police models of these countries: in Brazil, at federal and state levels, the The judicial police are administratively separated from the Public Ministry. In Mexico, the The judicial police and the Public Ministry are part of the same administrative structure. Although the objective of the public security system is the same in practically any country, each one comes from different conditions (social, cultural, economic, political, etc.) and this has caused each system to have at least some distinctive characteristics of the rest. Therefore, a comparative study of these systems helps us identify their particularities. Therefore, a comparative study of these systems helps us identify their particularities. It also allows us to know another way to organize them, which can contribute to the debate on the necessary amendments to the public security system in Brazil and Mexico.