With the security reform, the investigation of crimes now corresponds to the Public Ministry, the secretariat of the public security branch of the Federal Executive, the National Guard and the police, within the scope of their jurisdiction, which will act under the leadership and command of the former in the exercise of this function.
Starting in January 2025, federal aid funds for public security, at the national level, will be provided to federal entities and municipalities to be allocated exclusively for these purposes. These funds will be audited and their due exercise monitored by the System through its Executive Secretariat.
The System will have an Executive Secretariat, which will be able to expand the bases, issue agreements and guidelines, as well as carry out the necessary actions to achieve the homologation of standards and criteria, as well as efficient, transparent and responsible coordination, in the exercise of the concurrent powers of the three levels of government; at all times in response to the purposes of the System and the objectives of the National Public Security Strategy.
The secretariat of the public security branch will formulate, coordinate and direct the National Public Security Strategy, as well as the respective programs, policies and actions; will assist the person holding the Presidency of the Republic in the exercise of functions regarding national security.
It will also be responsible for the coordination of the System National Intelligence in matters of public security, in the terms established by law, and may coordinate the collaborative actions of the three levels of government, through the public security institutions, which must also provide the information that provide or collect on the matter in accordance with the law.
The institution may request information from State institutions and agencies for the identification and clarification of facts that allegedly constitute crimes.
Decree on preventive detention
In the second decree, it is established that the Public Ministry may only request preventive detention from the judge when other precautionary measures are not sufficient to guarantee the appearance of the accused at trial, the development of the investigation, the protection of the victim, the witnesses and the community, as well as when the accused is being prosecuted or has been previously sentenced for the commission of an intentional crime.
The judge will order preventive detention informally, in cases of sexual abuse or violence against minors, organized crime, extortion, crimes provided for in the applicable laws committed for the illegal introduction and diversion, production, preparation, disposal, acquisition, import, export, transportation, storage and distribution of chemical precursors and essential chemical substances, synthetic drugs, fentanyl and derivatives, intentional homicide, feminicide, rape, kidnapping, human trafficking, burglary, use of programs for electoral purposes, corruption in the case of crimes of illicit enrichment and abusive exercise of functions, theft from cargo transportation in any of its forms, crimes in the field of hydrocarbons, oil or petrochemicals, crimes in the field of forced disappearance of persons and disappearance committed by private individuals, crimes committed with violent means such as weapons and explosives, crimes involving firearms and explosives for the exclusive use of the Army, Navy and Air Force, as well as serious crimes determined by law against the security of the nation, health, the free development of personality, smuggling and any activity related to false tax receipts, in the terms established by law.
For the interpretation and application of the norms provided for in this paragraph, the State bodies must adhere to their literality, and any analogous or extensive interpretation that seeks to disapply, suspend, modify or make nullatory its terms or its validity is prohibited, either in a manner total or partial.
