THE EXHAUSTIVE LIST OF ORDINANCE No. 439/MJSP OF AUGUST 4, 2023 AND THE AUTONOMY OF THE STATES

Abstract

Brazilian federalism, characterized by the division of power between different levels of government, aims to guarantee the autonomy and decentralization of public administration. In this context, public safety emerges as a crucial issue, requiring coordination and joint financing between the federal government, states, and municipalities. Law 13,756/2018, enacted on December 12, 2018, represented an important milestone in promoting federal cooperation in public safety. By creating the National Public Safety Fund (FNSP), the law established financing and management mechanisms that aimed to strengthen the actions of federal entities in preventing and combating crime. This decentralization sought to ensure greater effectiveness in the application of resources, allowing each federal entity to adapt actions to its specific needs and realities. However, Ordinance MJSP 439/2023, published on August 4, 2023, raised questions about its compatibility with the principles of federalism. By establishing a limitative list of axes and assets that can be financed with FNSP resources, Ordinance 439/2023 limited the autonomy of states in choosing priorities for their public security actions. The central question then arises: does Ordinance 439/2023, by establishing strict guidelines for the application of FNSP resources, violate the principles of Brazilian federalism? This is the question that this study, of a bibliographic and documentary nature, seeks to answer. Through an in-depth analysis of Law 13,756/2018 and MJSP Ordinance 439/2023, we conclude that the limitative list violates the autonomy of states in deciding what to invest in public security in the State or Federal District.