Government · Brasília
Brazil's Senate passes Lula's public security amendment with no votes against
The amendment paves the way for a federal public security ministry and tougher penalties for gang members. A proposal to lower the age of criminal responsibility from 18 was split off for separate debate.
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In brief
The Senate passed the amendment on Tuesday, 3 November, with 73 votes in favour in the first round and 75 in the second, and no opposition.
Senators voted 38 to 36 to separate the proposal to lower the age of criminal responsibility from 18, which will be debated on its own.
Leaders and members of factions and militias face mandatory imprisonment in maximum-security prisons, curbs on parole and asset seizures.
The text writes the Unified Public Security System into the constitution and paves the way for a federal public security ministry that Lula has promised to create.
- June 2026US State Department designates PCC and Red Command as foreign terrorist organizations
- 25 OctLula wins the runoff against Flávio Bolsonaro
- 3 NovSenate approves the amendment in two rounds and splits off the age debate
Senate vote
Brazil's Senate approved a constitutional amendment on public security on Tuesday, 3 November, with no senator voting against it. The proposal passed with 73 votes in favour in the first round and 75 in the second, according to ANSA and Europa Press, and Europa Press reports it needed 49 votes to pass. The government sent the amendment to Congress in April 2025, and the Chamber of Deputies approved it in March 2026. Deutsche Welle calls it the first win for Lula's government since the elections. The session was hybrid, which let Senator Flávio Bolsonaro register his presence and vote remotely, according to Notícias ao Minuto.
- First round
- 73 votes
- Second round
- 75 votes
Data from the article text
What the amendment changes
The text sets tougher penalties for leaders and members of factions, paramilitary groups and militias, including mandatory imprisonment in maximum-security prisons, curbs on parole and asset seizures. It writes the Unified Public Security System (SUSP) into the constitution and sets out how the Union, states and municipalities share information and coordinate their systems. It allows civilian municipal police forces and widens the powers of the Federal Police and the Federal Highway Police, according to ANSA, Europa Press and BBC. Deutsche Welle says the text strengthens the federal government's role in an area that is largely in state hands and secures more resources for the sector. Notícias ao Minuto reports that the amendment paves the way for a federal public security ministry, which Lula has promised to create once the text is approved. AP describes the amendment as creating that ministry directly, and reports that it will be sanctioned later this week.
Age of criminal responsibility
The most contested point, lowering the age of criminal responsibility from 18, was removed from the text. The opposition Liberal Party (PL) proposed 16 as the general age and 14 for serious crimes, while the Workers' Party (PT) counterproposed 16 only for heinous crimes, according to Deutsche Welle and BBC. Senators voted 38 to 36 to split these amendments off, so they will be handled as a separate constitutional proposal. Deutsche Welle reports that the Senate was expected to take up the topic on Wednesday, 4 November, through an urgency request. Notícias ao Minuto reports that Lula shifted his position close to the election to back 16 for heinous crimes only. AP reports that many security experts say lowering the age is ineffective and could increase recruitment into organized crime inside Brazil's overcrowded prisons.
Political and US backdrop
Lula won the runoff on 25 October against Flávio Bolsonaro, son of former president Jair Bolsonaro, and the amendment was one of his campaign promises for a fourth term, according to Deutsche Welle. In June the US State Department designated the PCC and the Red Command (CV) as foreign terrorist organizations. AP reports that Lula read this move as interference and as an attempt by Donald Trump to shore up support for his rival. Flávio Bolsonaro said he had asked Trump for that designation, according to Deutsche Welle. BBC reports that Flávio Bolsonaro is now in the United States and took part in the vote remotely, while Deutsche Welle reports that his passports were cancelled during an investigation into possible money laundering.
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Sources and context
- AP NEWSBrazil's Senate approves Lula's main bet to tackle criminal gangs
- Deutsche WelleBrazil's Senate approves security reform promoted by LulaSenado de Brasil aprueba reforma de seguridad impulsada por Lula · original in Spanish
- BBCSecurity PEC: Senate approves text without reduction of criminal agePEC da Segurança: Senado aprova texto sem redução da maioridade penal · original in Portuguese
- ANSA.itBrazil, Senate approves security reform unanimouslyBrasile, Senato approva all'unanimità la riforma della sicurezza - America Latina · original in Italian
- Luiz Inácio Lula da Silva
- Reelected Brazilian president whose government proposed the public security amendment
- Flávio Bolsonaro
- Senator who lost the October runoff to Lula and voted remotely on the amendment
- Jair Bolsonaro
- Former Brazilian president and father of Senator Flávio Bolsonaro
- Donald Trump
- US president whose administration designated the PCC and Red Command as terrorist organizations
- Davi Alcolumbre
- Senate president who withdrew the amendment from the agenda in the final week of the campaign
- Rogério Carvalho
- PT senator and rapporteur who presented the amendment to the Senate floor
- Places
- Brasília, Brazil, United States
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