THE EXHAUSTIVE LIST OF ORDINANCE NO. 439/MJSP OF AUGUST 04, 2023 AND THE AUTONOMY OF THE STATES

Abstract

Brazilian federalism, characterized by the division of power between different levels of government, aims to ensure the autonomy and decentralization of public administration. In this context, public security emerges as a crucial issue, requiring joint articulation and financing between the Union, states and municipalities. Law 13.756/2018, sanctioned on December 12, 2018, represented an important milestone in the promotion of federative cooperation in public security. By creating the National Public Security Fund (FNSP), the law established financing and management mechanisms that aimed to strengthen the performance of federative entities in preventing and combating crime. This decentralization sought to ensure greater effectiveness in the application of resources, allowing each federative entity to adapt actions to its specific needs and realities. However, MJSP Ordinance 439/2023, published on August 4, 2023, raised questions about its compatibility with the principles of federalism. By establishing an exhaustive 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 bibliographic and documentary study seeks to answer. Through an in-depth analysis of Law 13,756/2018, MJSP Ordinance 439/2023, it is concluded that the exhaustive list violates the autonomy of the States regarding the decision of what to invest in public security in the State or Federal District.