Court overturns change of name of the Guard to 'Municipal Police' in Sumaré

Sumaré City Hall will have to adapt structure to judicial decisions Sumaré City Hall The Court of Justice of the State of São Paulo (TJ-SP) declared unconstitutional and overturned a municipal law that changed the name of the Municipal Civil Guard to "Municipal Police" in Sumaré (SP). The trial was held last Wednesday (8) and the decision published this Monday (13). The action was filed in February 2026 by the Public Ministry of the State of São Paulo (MP-SP), which pointed out a conflict with sections of the Federal Constitution. Furthermore, in April this year, the Federal Supreme Court (STF) determined that city halls cannot replace the name of the Guard with “Municipal Police” or similar names. ? Click here to follow the g1 Campinas channel on WhatsApp In a note, the City of Sumaré informed that it will fully comply with both the TJ ruling and the decision of the Federal Supreme Court (STF). The Executive also said that internal procedures are underway to adapt the decisions, including the review of local legislation and administrative measures related to the topic. "The Municipal Administration reinforces its commitment to complying with legal determinations and highlights that the activities of the Municipal Guard continue normally, with a focus on the safety of the population and the preservation of public assets", he added. Unconstitutionality Change of name to "Municipal Police of Sumaré" was approved by the Chamber Chamber of Sumaré The municipal law was sanctioned on February 26, 2026. According to the text, the Guard would be renamed "Municipal Police of Sumaré", maintaining "the same duties, competencies, rights, duties and organizational structure". A week after sanctioning the proposal, Mayor Henrique do Paraíso (Republicans) published a video on social media saying that the measure reinforced "the role of the corporation in public security" and guaranteed more "legal support" to agents. However, in February 2026, the Attorney General's Office filed a lawsuit asking for the law to be declared unconstitutional, as it conflicted with sections of the Federal Constitution, which determine which bodies can be called "police". ? What happens when a law is declared unconstitutional? In practice, the Court recognizes that legislation contravenes the rules or principles established in the Constitution. As the Constitution is the supreme law of the country, any rule that does not respect it is considered null, loses its validity and ceases to be applied. Furthermore, the MP requested an injunction to suspend the effects of the municipal law until the case is judged. The request was accepted on February 26 of this year. STF decision Change of name to "Polícia Municipal de Sumaré" was declared unconstitutional Prefeitura de Sumaré When declaring the unconstitutionality of the legislation last Wednesday, the TJ recalled a similar case judged by the STF in April 2026. The process in the Supreme Court discussed an amendment to the Organic Law of the Municipality of São Paulo (SP), approved by amendment in 2025, which authorized the use of the name "Polícia Municipal Council of São Paulo" for the Metropolitan Civil Guard (GCM). By majority, the ministers decided that Brazilian municipalities cannot change the name of their Municipal Guards to "Municipal Police" or any similar name. In the vote, minister Flávio Dino stated that the Federal Constitution adopts the designation “municipal guards”. The risk of generating institutional inconsistencies was also mentioned. This STF decision was considered by the TJ when declaring the Sumaré law unconstitutional. "Municipal legislative independence is limited, and must comply with the limits of the constitutional competence attributed to the federative entity, also observing the principles established in the Federal and State Constitutions", explained rapporteur Alexandre Lazzarini.