It was not the Bolsonaro effect, a favorable public opinion poll, or a protest of outraged neighbors. None of these variables was weighed down during the definition: in fact, the government since March this year was the decision of President Maurizio Macri to implement the security protocol that allowed the use of weapons in case of confrontation with criminals and security minister Patricia Burich implemented this instrument two days before the start of the G20 summit.
Many months before the police protocol appeared and began shooting the controversy with the opposition and at the very heart of Kambieimos, the government only four officials than the chairman knew the new measure in detail this would be taken for federal security forces.
Until he managed to recover Infobae from five qualified sources of Casa Rosada and Justice, the secret framework for reaching the controversial protocol passed a long course of legal and political debates, which were kept secret for several months without running out of the press.
"Those who now say that the effect of Bolesaron's strong hand in Brazil has led us to the implementation of the Security Force Protocol or that we are guided by a favorable survey of the people are wrong: here was a political decision by President Makri to give a strong support the police and the gendarmes that every day has to deal with offenders, "he said. Infobae a well-known minister close to Minister Buric.
In fact, there were several reasons that led the Security Ministry and Makry himself to move forward with the decision to allow the Federal Force Security Force. The framework for reaching this solution was based on many political and legal arguments.
a a reserved report of the ministry that has been running since the beginning of the year in the hands of Makri; the head of the cabinet, Marcos Penya; the Minister of Justice, German Garage; the Secretary for Strategic Affairs, Fulvio Pompei; the Chief of Federal Police, the Commissioner-General Nestor Roncalia and Bullrich, This document to which he had access Infobae maintains that, in the Government of Christina Kirchner in 2014 there was a total 15 soldiers from the security forces killed with firearms and c in 2015 and 2016, their number grew to 42 in total, In 2017 there was a significant reduction of 53% of these cases (a total of 7).
While, the number of dead civilians involved in firearms in the cases of police, gendarmes or prefects was 96 in 2014 and 38 in 2017, with 60% less. The same report states that Buenos Aires, Buenos Aires, Miñes and Tucuman are the places where civilian casualties have been killed in firearms in the province of Buenos Aires.
The government knew that it was facing this problem with police officers, unable to use weapons against criminals for a long time. It was also learned that Bullrich opposed Makri and Penya on this issue as a result of two paradigmatic cases in February of this year:
1-Attack against the tiger. One of these cases was that of the arseño Narvay gendarmerie, which was justified by law, but was detained in Unit 9 of La Plata, in a case investigating the death of Santiago Emanuel Talavera, after trying to attack him in the city of Rincon de Milberg, the party in Buenos Aires Tigre.
2-policeman. The other case, justified by justice, came on December 22, 2016, when Federal Police Agent Carla Daniela Seppeed served as a police slogan while she was on time at the Chinese supermarket on Estivao 99 in Buenos Aires, killing one of the criminals.
From these cases and with the document in hand on "Basic Principles on the Use of Force and Firearms" by the United Nations, a team from the Legal Department of the Department of Security went to work last year. In March this year, the first project was ready.
The essence of the project states, as the government asserts, that "law enforcement officers should not use firearms against persons except in the case of self-defense or other persons in the event of imminent danger of death or serious injury or in order to avoid a particularly serious crime which results in a serious threat to life or to the detention of a person who is in danger and opposes his authority or to prevent his escape and only if there is sufficient, less extreme measures to achieve these goals, in any case only lethal weapons can be used deliberately when it is absolutely inevitable to protect life. "
Consultation of judges and the Court of Justice
After the draft of the Police Protocol was drafted in May and June, the government began a strict reservation to consult the Ministers of the Supreme Court, the judiciary in the criminal justice system and the security experts. In any case, the sources, there was a ratification of justice for the government's idea of giving the federal police greater tools before the offenders advanced.
"There was strong support from the Court and from different judges that a protocol was needed to protect federal forces in the use of firearms in the context of border situations," said an official from Casa Rosada, coincident with a federal magistrate.
In fact, Makri had the intention to present the police protocol after being taken to Congress the bill on the new Criminal Code, prepared by a special committee headed by Mariano Borinski's tent. It is precisely in Article 34 of this bill that the situation of police officers who use their weapons in the exercise of their functions is considered as a case of impunity, according to the normative acts in force in this field, such as the new Federal Security Force Regulations.
Borinski himself put himself in front of him Infobae that "the preliminary draft of the reform of the Criminal Code is supplemented by the relevant regulations issued by the competent authority on the matter, ie the new Regulation of the Ministry of Security".
The Criminal Code Reform Commission is a group of distinguished lawyers who have studied law, jurisprudence, doctrine, comparative law for more than a year and a half, and after meetings with experts on various topics have drafted a draft law on the Reform of the Criminal Code, which provides for non-criminal offenses , among which is the fact of the person "who works in the performance of an obligation or in the legitimate exercise of his right, authority or office". The member of some public security forces, the police or the jail, in the course of their duties and the use of their weapons in a regulatory manner, causes injury or death. "
There were also consultations with foreign lawyers for whom security regulations similar to those of Butrich apply, such as in the United States, Canada, Mexico, Paraguay, Chile, Brazil and Uruguay.
The debate on the abortion bill, which was presented to Congress and opened up a serious crack in Argentine society for several months, stopped all discussions on the draft of the new Penal Code. In this way, the government had to postpone the debate on the Penal Code and decided to go once and for all with the Security Force Record.
At the same time, the headquarters of the Cabinet and Burrich's office decided to introduce demanding an internal police control system, gendarmes and prefects. In this way, anti-doping mechanisms, surprising psychological examinations, declarations, and a system of domestic violence complaints were introduced in each of the security sections.
"The idea was that before we devastated and used the weapon against the perpetrator, the police were well trained and had very strict control regimes. Infobae a close friend of Butrich.
Use for the G20 summit
The protocol was announced last Monday in the State Gazette. However, they assure the qualified sources of Casa Rosada Infobae that a week earlier Bulriach has already given instructions to trigger it between security forces for one simple reason: the deployment of the security operation for the G20 summit.
During the days when there were protests against the globalization on the streets of Buenos Aires and they were in Argentina more than 30 heads of state Federal security forces are already empowered to use firearms against armed criminals. Nobody knew until today, but Minister Buric had already given those instructions to force his people to enforce the protocol, which was initialed with an internal resolution of the Ministry of Security.
According to the two ministers, the full national cabinet has learned about the protocol after it has already been published in the State Gazette.
Then came the surveys favorable to the official measure. A study by the consulting firm Management & Fit, published last week, said 59.2% of respondents agreed with the official measure, compared with 39.6% who rejected it.
Along with this, the criticism of Elisabeth Cariot and the opposition sector to the Bearic protocol is coming. But by then Macri had already congratulated the security minister and his whole team.
While, in Casa Rosada, they say Jay Bolsanarro's victory and his hard-line crime policy have come long after the protocol was drafted. This means they have rejected the idea that there is a direct link between the triumph of the Brazilian President and the Argentine police protocol.
Buric spoke a few months ago with the Buenos Aires security minister Christian Ritondo about the idea of giving a federal force of firearms, and at that meeting the two agreed on one point: the Buenos Aires police are not yet qualified for this kind of protocols, he said in unison.
So is the governor Maria Evgenia Vidal decided not to join the national initiative for the provincial police.
In fact, Ritondo expressed Infobae that "the government thinks that the policeman should have all the means to enforce the law, but not all policemen are equal." Thus, the Buenos Aires security minister believes that before redefining its framework for action, it must put an end to a process in which many police officers have never shot and did not have the necessary equipment.
In order to develop a protocol similar to that of the federal forces in the rest of the country, the government believes that there should be a preliminary internal debate, training the police officers and running the same way they have given Cassa Rosada in a strict reserve for many months.