Direito administrativo sancionador no estatuto da segurança privada (lei nº 14.967/2024

Abstract

The present dissertation addresses Administrative Sanctioning Law in Brazil, focusing on the supervisory and sanctioning powers of the Federal Police over companies providing private security services, as established by Law No. 18,967/2024, which instituted the Statute of Private Security and the Security of Financial Institutions, along with sub-legal regulations, such as Ordinance No. 18,045/2023 – DG/DPF. It examines, whenever necessary, potential changes in the legal framework governing private security. Initially, the dissertation explores the functions of the State, emphasizing the typical and atypical competencies exercised by the Executive, Legislative, and Judicial branches. Subsequently, it examines private security services, considering their normative evolution up to the advent of the Statute of Private Security, with an analysis of its key institutes, highlighting the intrinsic relationship between Administrative Law and the regulation of private security services. Furthermore, the dissertation discusses the complementary nature of security services in light of the Brazilian legal system. This study analyzes Administrative Sanctioning Law, emphasizing its main elements and implications within the context of private security regulation, particularly legality, typicity, legal certainty, and fundamental guarantees guiding the application of administrative sanctions. Additionally, it examines the constitutional and legal limits of the Federal Police's authority, with a focus on the fundamental guarantees ensured by the Federal Constitution in the exercise of supervisory powers. Finally, reflections are presented on the principles studied, as well as the application and impacts of administrative sanctions