Minister Flávio Dino of the Federal Supreme Court (STF) decided on Sunday (13) to maintain the decision of the São Paulo justice that prevented the city of São Paulo from changing the name of the Metropolitan Civil Guard to Municipal Police.
The minister rejected an appeal filed by the National Federation of Municipal Guards Unions (Fenaguradas) to overthrow the injunction of the São Paulo Court of Justice (TJSP) that suspended the municipal law that changed the nomenclature.
Dino argued that the Brazilian legal framework uses the word Municipal Guard. Thus, the maintenance of the name is necessary to prevent states or municipalities from freely modifying the nomenclature of institutions.
For the minister, the terminology defined by the Constitution is not “merely symbolic” and serves to guarantee stability to the legal system.
“The absurd possibility of a municipality renamed its City Hall to Municipal Senate or its City Hall for the municipal presidency exemplifies the risks of this flexibility,” said the minister.
The controversy about the alteration of the name of municipal guards began after the STF’s decision that confirmed the power of corporations to do ostensible policing on public roads.
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According to the understanding of the majority of ministers, the Municipal Guard may act in public security actions, in addition to the function of heritage surveillance, but must respect the attributions of the Civil and Military Police.
Despite the recognition, the court decision did not endorse the change of the names of the guards.