Limites e admissões do adicional de periculosidade para policiais militares à luz do ordenamento jurídico brasileiro

Abstract

The present study examines the legal and legislative debate about the limits and admissions of regulation of the hazardous work premium to military police officers. The general objective of the research is to analyze the (im)possibility of regulation of the hazardous work premium to the State Public Security agents of the Military Police. In Brazil, the military policeman is governed by a specific work regime that is distinct from the other categories of the civil service, as well as other workers in the private sphere. That is, the category is not included in the Consolidation of Labor Laws (CLT), May 1, 1943. In turn, according to the Federal Constitution (CF) of 1988, in its art. 144⁰, regulates the police bodies responsible for the preservation of public order. In the National Congress, there is the constitutional discussion regarding the Bill (PL) n. 193/2015 and the PL. no 5492/2016, as well as the Proposed Amendment to the Constitution (PEC) n. 58/2015 amending § 9 of art. 144 of the 1988 CF. Regarding the research methodology, this study is defined as bibliographic and documentary research. Material elements in the Brazilian legal system for the regulation of the hazardous work premium for a given professional category must be governed by specific law, and military police are standardized by texts of the 1988 CF and by the State Statutes of the Military Police. The results show that, despite the state achievements of the additional hazardous duty for military police officers in Bahia in 2001 and Ceará in 2006, at the national level, PL 193/2015 and PL n. 5492/2016 were considered fragile in relation to the 1988 SC, especially in relation to the fact that it increases the Union expenses. Thus, it can be concluded that the importance of the PEC n. 58/2015 be put to a vote in the plenary of the Federal Senate, for having substantial legality to regulate the possibility of additional hazard to military police, by changing the § 9 of art. 144 of the 1988 CF to institute additional hazardous duty for police officers.