President Luiz Inácio Lula da Silva sanctioned, with vetoes, the law that establishes the disciplinary regime for the Federal Police and the Civil Police of the Federal District. THE Law No. 15,047/2024 was published in Official Gazette of the Union this Wednesday (18). 
The text lists a series of disciplinary transgressions related to administrative and police activities, in addition to situations that are characterized as hierarchical insubordination. The law also subdivides infractions according to the punishments that can be applied to police officers, such as warning, suspension, dismissal and revocation of retirement.
Approved in November in Congress, the text specifies some aggravating circumstances, such as recidivism, abuse of authority and collaboration with other people in committing the transgression. The circumstances that can mitigate the application of penalties are also specified, including complimentary references to the server, spontaneous confession and spontaneous collaboration with the investigation.
The rule provides for the possibility of signing a conduct adjustment agreement (TAC) for consensual resolution of conflicts in cases of disciplinary infractions with less offensive potential, which will be punishable by a warning or suspension of up to 30 days. To sign the TAC, the person being investigated cannot have a penalty recorded on their employment record, nor have they signed another similar term in the previous two years.
The law also specifies rules for preliminary summary investigation, to collect information about the authorship and materiality of the infraction; asset investigation, to evaluate signs of illicit enrichment of the employee; and administrative disciplinary processes, to determine the server’s responsibility for disciplinary infractions.
Vetoes
President Lula vetoed seven provisions of the text approved by parliamentarians. Two of them refer to disciplinary infractions punishable by suspension of 31 days to 45 days, such as the practice of “act of public incontinence in the workplace”. According to the message sent to the National Congress, the suspension penalty “proves to be insufficient to ensure administrative morale”.
Another veto is the infraction of “practicing, inciting or inducing an act that involves discrimination based on race, color, ethnicity, religion, national origin or disability”, which would be punished with suspension of 31 days to 45 days. But, for the Executive Branch, the device would provide “disproportionate protection” to the right to non-discrimination.
Lula also vetoed three other provisions that deal with infractions considered more serious. The first, punishable by a suspension of 76 to 90 days, is characterized as “physically or psychologically mistreating a person arrested or under police investigation”.
The other two, punishable by dismissal, are “performing repeated acts that result in discrimination based on race, color, ethnicity, religion, national origin or disability” and “mistreating a prisoner in their custody or using unnecessary violence against someone in the exercise of their function police officer, if the facts result in serious or very serious bodily injury or death.”
For the government, the proposition is unconstitutional because it imposes the penalty of dismissal only in cases where the conduct results in serious or very serious bodily injury or death. “The proposal would allow for the relaxation of acts that violate fundamental rights and freedoms, which demonstrates incompatibility with the constitutional text,” says President Lula’s message.
The article that prevented, for 2 years, the return to public service of police officers dismissed for disciplinary infractions was also vetoed, with the legislation already in force providing for a longer grace period. “The understanding remains that any case of dismissal from public service, as a result of a disciplinary administrative process, makes the former public servant ineligible for new investiture in a federal public position for a period of 8 years”, explained the Executive.
Finally, Lula vetoed the provision that gave the inspector general of the Civil Police of the Federal District the authority to impose disciplinary sanctions on civil servants. For the government, the measure would violate the principle of federative autonomy and the principle of symmetry, by removing this attribution from the governor of the Federal District.
* With information from Agência Senado
