On September 9, 2024, Law No. 14,967\/2024 was enacted in Brazil, officially establishing the Private Security and Financial Institutions Security Statute. This new legislation repeals Law No. 7,102 of 1983, which had regulated the sector until then.
\nThe Statute was created to modernize and professionalize the private security industry, preventing the operation of unauthorized individuals and companies (\u201cclandestine\u201d providers).
\nUndoubtedly, the new legal framework brings several potential benefits, such as modernization of the sector, greater regulatory clarity, and enhanced service quality. However, companies operating in private security will need to adapt to this new reality\u2014which will involve additional costs and bureaucratic procedures.
\nWith the new statute, many companies become subject to greater oversight and inspection by the Federal Police. Additionally, they will be required to comply with specific formal, operational, and structural standards in order to maintain valid operating authorizations.
\nOne of the most significant changes is the expanded definition of private security services under the law.
\nAmong the activities now expressly classified as private security services\u2014previously not covered under the old legal framework\u2014are:
\nSecurity for events held in public spaces;<\/p>\n
Security in land, waterway, and maritime public transport systems;<\/p>\n
Security in environmental conservation units;<\/p>\n
Monitoring of electronic security systems and tracking of cash, assets, or valuables;<\/p>\n
Risk management in transportation operations involving cash, assets, or valuables;<\/p>\n
Access control at ports and airports.<\/p>\n
Companies operating in the electronic security sector (e.g., monitoring of electronic security systems) are among those most impacted by the new statute.
\nIt is estimated that over 20,000 companies in Brazil currently provide such services. All of them will now need to comply with the new statute, including undergoing a formal authorization procedure with the Federal Police.
\nIf your company provides any of these services\u2014including those already previously regulated\u2014you should stay informed and prepare for the next steps.
\nWhile the new statute will indeed bring costs and bureaucratic challenges, it also creates an opportunity for companies to get ahead of the competition and demonstrate their market readiness.
\nIt is worth noting that companies operating in any of the services listed in the statute without complying with its requirements will be considered irregular and subject to fines and other penalties. Furthermore, they may struggle to remain competitive, as large companies are unlikely to hire non-compliant providers\u2014especially since clients themselves may also be penalized for doing so.
\nBelow we highlight some of the key changes and requirements introduced by the new statute for private security service providers:<\/p>\n
Operating Authorization
\nAll private security companies must obtain prior authorization from the Federal Police in order to operate. The Federal Police is the designated authority for monitoring and overseeing the sector nationwide.
\nRequests for authorization must be submitted through the Federal Police\u2019s GESP portal\u2014the same platform previously used for companies already regulated under the old law.
\nTo obtain authorization, companies must go through a formal application process and meet several requirements, including proof of minimum capital, adequate physical infrastructure, a qualified minimum workforce, among others. Additionally, an on-site inspection of the company\u2019s operational facilities is required.
\nOperating authorizations must be renewed every five (5) years for companies engaged in electronic monitoring services, and every two (2) years for other companies. Maintaining full compliance with the applicable requirements is essential.<\/p>\n
Minimum Capital Requirements
\nThe new statute updates the minimum capital thresholds required for authorization.
\nThese minimum capital requirements vary depending on the type of service provided. For example:
\nR$146,000 for electronic monitoring companies;<\/p>\n
Up to R$2,920,000 for companies involved in the transportation of cash, assets, or valuables.<\/p>\n
If a company offers multiple services listed under Article 5 of the statute, it must meet the capital requirement of the most demanding service, and add R$146,000 for each additional service type.
\nImportantly, this capital must be fully subscribed and paid-in. The company must be able to prove the origin, legality, and regular incorporation of these funds, as well as demonstrate that the amount has been effectively absorbed into the company’s financial records.<\/p>\n
Minimum Age of Shareholders
\nThe statute requires that shareholders of companies engaged in electronic monitoring be at least 21 years old. For all other private security service providers, the minimum age is 25 years.
\nAdditionally, shareholders must present a series of official background clearance certificates.<\/p>\n
Employees, Vehicles, and Operational Facilities
\nFurther regulations will be detailed in a forthcoming Regulatory Decree and a Federal Police Ordinance, which are expected to include:
\nMinimum staffing levels for each designated role, with proof of appropriate qualifications;<\/p>\n
A minimum number of vehicles owned or possessed by the company;<\/p>\n
Security and structural standards for operational facilities.<\/p>\n
Pending Regulations and Adaptation Period
\nIt is important to note that the new statute will be supplemented by a Regulatory Decree (currently in draft form and expected soon) and by a Federal Police Ordinance addressing procedural details.
\nUntil these are enacted, companies are not yet fully required to comply with all provisions of the new law. The statute itself establishes a three-year adaptation period starting from its publication\u2014meaning that several months have already passed.
\nMoreover, not all requirements need to be met at the time of the initial authorization request; some will be verified during the approval process.
\nThat said, companies should not delay. Those seeking to remain competitive in the market should already be taking the necessary steps to prepare for compliance and secure their authorization.<\/p>\n
At RUCR Law, we are closely monitoring the details of the new statute and are ready to assist your company with all compliance matters. Count on us to ensure your regularization and legal security.<\/p>\n
By: Henrique Versiani<\/p>\n","protected":false},"excerpt":{"rendered":"
On September 9, 2024, Law No. 14,967\/2024 was enacted in Brazil, officially establishing the Private Security and Financial Institutions Security Statute. This new legislation repeals Law No. 7,102 of 1983, which had regulated the sector until then. The Statute was created to modernize and professionalize the private security industry, preventing the operation of unauthorized individuals […]<\/p>\n","protected":false},"author":4,"featured_media":3418,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[105,88],"tags":[],"class_list":["post-3420","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-insights-en-2","category-insights-en"],"yoast_head":"\n