That opinion must meet requirements: evaluate compliance with five conditions that the Constitution already states must be done when the Armed Forces participate in security tasks.
These conditions are: the participation of the Armed Forces must be of an extraordinary nature, that is, it must prove “the absolute necessity, that it be temporary and expressly requested and justified by the civil authority”, and regulated, since it must comply with the Constitution. , international laws and treaties.
It must be supervised, that is, with constant supervision, and in a subordinate and complementary manner, that is, in aid of civilian police forces.
Who will review that there is demilitarization?
The opinion prepared by the bicameral commission must also indicate the states where the permanent presence of the Armed Forces is no longer required.
It will also have to contain “the recommendations” to meet the deadline for retirement from the Armed Forces, which will be March 2028.
The plenary sessions of both chambers must analyze and approve these opinions and send them to the Executive. This “must report the attention given to the recommendations issued.”
What is the reform of the Armed Forces? The Army in the streets until 2028
In addition, given that the Senate of the Republic has the exclusive power to approve the national public security strategy, it was included that when reviewing the annual report that the Executive sends it on the National Guard, its evaluation should focus on the demilitarization of security work.
This review must tend to “guarantee that at the end of the term” -March 2028-, “the permanent Armed Force concludes its participation in public security tasks, and the National Guard and the other public security institutions fully assume the powers ” of security.
The resources
The modifications included the co-responsibility of the governors, who must send each year to their congresses and the National Public Security Council “the comprehensive evaluation, in a six-year perspective”, of the situation of their entities and these evaluations “will be the basis for the adjustments and execution schedule”.
For the first time, it was also possible to include the obligation to provide a budget for the plan to strengthen state and municipal police.
Thus, it was established that “as of fiscal year 2023” a permanent fund will be created to support the states and municipalities for the strengthening of their public security institutions.
This fund will be independent of any other branch or program, and regarding its amount, it was established that “it may not be less in percentage terms than the increase received by the permanent Armed Forces and the National Guard for public security tasks each year.”
