Lei Complementar nº 129, de 08/11/2013 (PDF)

# LEI COMPLEMENTAR nº 129, de 08/11/2013 ## Texto Atualizado - Contains the Organic Law of the Civil Police of the State of Minas Gerais - PCMG - the legal regime of the members of the police careers and increases the number of positions in the PCMG careers. ## TÍTULO I ## DISPOSIÇÕES GERAIS ### C...

# LEI COMPLEMENTAR nº 129, de 08/11/2013 ## Texto Atualizado - Contains the Organic Law of the Civil Police of the State of Minas Gerais - PCMG - the legal regime of the members of the police careers and increases the number of positions in the PCMG careers. ## TÍTULO I ## DISPOSIÇÕES GERAIS ### CAPÍTULO I ### DISPOSIÇÕES PRELIMINARES - **Art. 1º** This Complementary Law organizes the Civil Police of the State of Minas Gerais - PCMG -, defines its competence and provides for the legal regime of the members of the police careers. - **Art. 2º** The PCMG, an autonomous body, essential to public safety, the administration of justice and the defense of democratic institutions, founded on the promotion of citizenship, human dignity and fundamental rights and guarantees, aims, in the territory of the State, in accordance with Article 136 of the State Constitution, among others, to exercise the following functions: - Protection of the safety of persons and property - Preservation of public order and safety - Preservation of political and legal institutions - Investigation of criminal offenses and acts of delinquency, exercise of the judicial police and cooperation with judicial, civil and military authorities, in matters of internal security. - **Art. 3º** The PCMG shall be governed by the constitutional principles of legality, impersonality, morality, publicity and efficiency and must also observe, in its actions: - The promotion of human rights - Community participation and interaction - Mediation of conflicts - Proportional use of force - Service to the public with promptness, integrity, courtesy, attention, interest, respect, discretion, moderation and objectivity - Hierarchy and discipline - Transparency and the subjection to internal and external control mechanisms, as provided by law - Integration with public safety bodies of the Social Defense System - **Art. 4º** In addition to the principles mentioned in Article 3, the criminal investigation and the exercise of the judicial police functions are guided by the unavailability of the public interest, the public purpose, proportionality, the mandatory nature of action, authority, official capacity, confidentiality and impartiality, also observing: - Tenure in a civil police career position - Inevitability of the civil police action - Unavoidability of the provision of the civil police service - Unavoidable duty to investigate criminal offenses - Undelegability of the civil police officer's functional duties - Indivisibility of the criminal investigation - Interdisciplinarity of the criminal investigation - Uniformity of police procedures - Pursuit of efficiency in the criminal investigation and the suppression of criminal offenses and acts of delinquency. - **Art. 5º** The PCMG is ensured administrative and financial autonomy, being specifically responsible for: - Drawing up its annual financial program and monitoring and assessing its implementation, according to the allocations provided for in the state budget. - Executing its own accounting. - Acquiring specific materials, vehicles and equipment. - **Single Paragraph.** The activities of planning and budgeting and financial administration and accounting are administratively subordinate to the Head of the PCMG and technically to the State Secretariats of Planning and Management and Finance, respectively. - **Art. 6º** Criminal investigation has a technical-legal-scientific character and produces, in conjunction with the social defense system, knowledge and sociopolitical, economic and cultural indicators that are revealed in the criminal phenomenon. - **Art. 7º** The exercise of the criminal investigation begins with the knowledge of an act or fact that may characterize a criminal offense and ends with the investigation of the criminal offense or act of delinquency or with the exhaustion of investigative possibilities, comprehending: - Technical-scientific research on authorship, materiality, motives and circumstances of the criminal offense. - Ordered articulation of notarial acts of the police inquiry and other formalization procedures of the evidence production of the practice of a criminal offense. - Minimization of the effects of the offense and management of the crisis arising from it. - **Art. 8º** The criminal investigation is intended to investigate criminal offenses and acts of delinquency, to support the exercise of the state's jurisdictional function and to adopt public policies for the protection of persons and property for the good quality of social life. - **Art. 9º** The function of the judicial police consists mainly in assisting the criminal justice system for the application of the penal and procedural law, as well as registering and regulating of a regulatory nature. - **Art. 10.** The function of the judicial police comprehends: - Preliminary examination regarding the criminal offense classification, illegality, guilt, punishability and other circumstances related to the criminal offense. - Inquiries for the investigation of criminal offenses and acts of delinquency. - **Art. 11.** The direction of the judicial police, throughout the state, is the responsibility of career police officers, within the limits of their jurisdictions. - **Single Paragraph.** Police judicial acts shall be supervised directly or indirectly by the Chief Inspector of the Civil Police. - **Art. 12.** The PCMG institutional symbols are its anthem, coat of arms, logo, flag and badge. - **Art. 13.** Civil police officers shall have functional cards, identifying their respective careers and valid throughout the national territory, the model of which shall be regulated by decree. ## CAPÍTULO II ## DA COMPETÊNCIA - **Art. 14.** The PCMG, permanent body of public power, headed by a career police officer and organized in accordance with the principles of hierarchy and discipline, is responsible, excluding the jurisdiction of the Union, for the functions of judicial police and the investigation, in the territory of the state, of criminal offenses and acts of delinquency, except for military ones. - **Single Paragraph.** The exclusive activities of PCMG are technical-scientific police, processing and archiving of civil and criminal identification, as well as vehicle registration and licensing and driver licensing, the processing and archiving of identification civil and criminal, as well as the registration and licensing of motor vehicles and driver licensing. - **Art. 15.** The PCMG reports directly to the State Governor and is part of the Social Defense System, for operational purposes. - **Art. 16.** The PCMG is responsible for: - Planning, coordinating, directing and executing, excluding the jurisdiction of the Union, the functions of judicial police and the investigation, in the territory of the state, of criminal offenses, excluding military ones; - Preserving crime scenes with scenarios and assets, seizing objects, collecting evidence, issuing notices, hearing and comparing people, requesting and performing forensic examinations, identifying people and things and performing the other acts necessary for the adequate investigation of criminal offenses and acts of delinquency, under the provisions of the criminal procedural law; - Representing, through the Police Officer, to the Court, for the issuance of preventive or temporary measures, as personal and real arrests, such as preventive and temporary arrest, search and seizure, disclosure of confidentiality and interception of data and telecommunications, in addition to other duties inherent to the criminal investigation and the exercise of the judicial police, intended to gather and preserve evidence of the practice of criminal offenses and acts of delinquency; - Organizing, complying and enforcing judicial orders of arrest and search and seizure; - Instituting and formalizing the police inquiry, the circumstantial report of an incident and the procedure for the investigation of an act of delinquency. - Deciding on the arrest in flagrante delicto and bail; - Requesting the presentation of prisoners from the prison system in an agency/unit of the PCMG, for the purpose of criminal investigation. - Judicial representation, in systems of computer science and telematics, for the issuance of preliminary arrest, search and seizure, interception of data and communications, in systems of computer science and telematics, and other procedural measures provided for in legislation; - Presence in the location of the occurrence of a criminal offense, in the way provided for in criminal procedural legislation. - Elaboration of records, notices, certificates, statements and other acts provided for in the Criminal Procedure Code or in specific laws. - **Single Paragraph.** In the performance of his duties, the Police Officer, with his team, shall appear at the scene of the crime and carry out diligence to investigate the authorship, materiality, motives and circumstances, formalizing police inquiries and other procedures. - **Art. 11.** The direction of the judicial police is the responsibility of career police officers, throughout the state. - **Single Paragraph.** The acts of judicial police shall be supervised directly or indirectly by the Chief Inspector of the Civil Police. - **Art. 12.** The PCMG institutional symbols are its anthem, coat of arms, logo, flag and badge. - **Art. 13.** Civil police officers shall have functional cards, identifying their respective careers and valid throughout the national territory, the model of which shall be regulated by decree. ## CAPÍTULO II ## DA COMPETÊNCIA - **Art. 14.** The PCMG, permanent body of public power, headed by a career police officer and organized in accordance with the principles of hierarchy and discipline, is responsible, excluding the jurisdiction of the Union, for the functions of judicial police and the investigation, in the territory of the state, of criminal offenses and acts of delinquency, except for military ones. - **Single Paragraph.** The exclusive activities of PCMG are technical-scientific police, processing and archiving of civil and criminal identification, as well as vehicle registration and licensing and driver licensing. - **Art. 15.** The PCMG reports directly to the State Governor and is part of the Social Defense System, for operational purposes. - **Art. 16.** The PCMG is responsible for: - Planning, coordinating, directing and executing, excluding the jurisdiction of the Union, the functions of judicial police and the investigation, in the territory of the state, of criminal offenses, excluding military ones; - Preserving crime scenes with scenarios and assets, seizing objects, collecting evidence, issuing notices, hearing and comparing people, requesting and performing forensic examinations, identifying people and things and performing the other acts necessary for the adequate investigation of criminal offenses and acts of delinquency, under the provisions of the criminal procedural law; - Representing, through the Police Officer, to the Court, for the issuance of preventive or temporary measures, as personal and real arrests, such as preventive and temporary arrest, search and seizure, disclosure of confidentiality and interception of data and telecommunications, in addition to other duties inherent to the criminal investigation and the exercise of the judicial police, intended to gather and preserve evidence of the practice of criminal offenses and acts of delinquency; - Organizing, complying and enforcing judicial orders of arrest and search and seizure; - Instituting and formalizing the police inquiry, the circumstantial report of an incident and the procedure for the investigation of an act of delinquency. - Deciding on the arrest in flagrante delicto and bail; - Requesting the presentation of prisoners from the prison system in an agency/unit of the PCMG, for the purpose of criminal investigation. - Judicial representation, in systems of computer science and telematics, for the issuance of preliminary arrest, search and seizure, interception of data and communications, in systems of