Lei e ordem no Sistema Penal: uma análise das operações de garantia da lei e da ordem relacionadas à segurança pública (1992- 2022)

Abstract

The work is structured around the need to understand the involvement of the Armed Forces in actions related to Public Security and to analyze the constitutionality of such involvement. The problem to be addressed is: Can the Armed Forces' involvement in operations to guarantee law and order be defined as one of the authoritarian remnants within Brazilian democracy? The methodology adopted follows a qualitative approach to the proposed theme, based on the analysis of documents available in public databases, particularly those maintained by the Ministry of Defense, which contain the history and classification of law and order operations. The research finds that the concept of National Security guiding the Armed Forces' actions since the founding of the Escola Superior de Guerra (ESG) and permeating the post-1964 authoritarian period is reflected in the law and order decrees issued under the 1988 Constitution. The analyzed data show that this involvement, besides presenting questionable constitutionality, carries elements characteristic of authoritarian periods.