This Wednesday (29), the National Council of Justice (CNJ) unanimously approved a recommendation to guide judges in the criminal area not to accept requests made directly by the Military Police without the participation or knowledge of the Public Ministry.
The measure seeks to guarantee respect for the legal authorities of each institution and prevent the PM from acting outside of its competence.
According to the approved text, the Military Police does not have the authority to conduct investigations and request judicial measures, such as search and seizure warrants for residences, except in situations involving crimes committed by members of the PM themselves.
The decision was taken after the Association of Police Delegates of the State of São Paulo (ADPESP) informed the CNJ that São Paulo judges were authorizing search and seizure warrants requested by the police themselves, without the knowledge of the Public Ministry.
Among the cases cited in the process are the arrest of a robbery suspect in the interior of the state, actions in Cracolândia, in São Paulo, and the invasion of a property on suspicion of drug trafficking. In all these situations, the measures were authorized by magistrates without consulting the MP.
