Bolsonaro reitera apoio a excludente de ilicitude em operações

O presidente Jair Bolsonaro reiterou hoje (22) seu apoio ao projeto de lei que amplia o conceito de excludente de ilicitude, previsto no Código Penal, para agentes de segurança em operações. Ele anunciou ontem (21) que enviou a proposta para o Congresso Nacional.

“O projeto nosso trata de GLO [Garantia da Lei e da Ordem] e quem estiver conosco nessa operação”, disse após dar uma palestra na Escola de Comando e Estado-Maior do Exército (Eceme), na Urca, zona sul do Rio de Janeiro.

Realizadas exclusivamente por ordem expressa da Presidência da República, as missões de Garantia da Lei e da Ordem (GLO) das Forças Armadas ocorrem por tempo limitado nos casos em que há o esgotamento das forças tradicionais de segurança pública.

O presidente usou o exemplo de um jovem, de 20 anos, das Forças Armadas que, enventualmente, se envolva em “um imprevisto”. “Aí, numa operação GLO, acontece um imprevisto numa área urbana, que pode acontecer. Você submetê-lo a uma auditoria militar para pegar de 12 a 30 anos de cadeia. Isso não é justo. É isso que está em jogo. Nenhum militar vai sair cometendo absurdos e excessos. Isso não passa pela nossa cabeça”.

 O presidente Jair Bolsonaro chega a Escola de Comando e Estado-Maior do Exército (ECEME), na Urca

O presidente Jair Bolsonaro chega a Escola de Comando e Estado-Maior do Exército (Eceme), na Urca – Tomaz Silva/Agência Brasil

Previsão legal

O Código Penal, no Artigo 23, estabelece a exclusão de ilicitude em três casos: estrito cumprimento de dever legal, em legítima defesa e em estado de necessidade. Nessas circunstâncias específicas, atos praticados por agentes de segurança não são considerados crimes. A lei atual também prevê que quem pratica esses atos pode ser punido se cometer excessos.

A ampliação do excludente de ilicitude já estava prevista no pacote anticrime proposto pelo ministro da Justiça e Segurança Pública, Sergio Moro e foi rejeitada pela Câmara dos Deputados. De acordo com Bolsonaro, esse é um projeto complementar ao pacote anticrime.

Uma edição extra do Diário Oficial da União trouxe, no início da tarde dessa quinta-feira, despacho do presidente anunciando o encaminhamento do texto que “estabelece normas aplicáveis aos militares em operações de Garantia da Lei e da Ordem e aos integrantes dos órgãos a que se refere o caput do Art. 144 da Constituição e da Força Nacional de Segurança Pública, quando em apoio a operações de Garantia da Lei e da Ordem”.

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