Operações de garantia da lei e da ordem: o emprego das Forças Armadas em operações militares em tempo de paz e em meio civil

Abstract

This monograph deals with the constitutionality and legality of the employment of the Armed Forces in operations to guarantee law and order, with the objective, based on the Brazilian reality, to clarify the limits and responsibilities in order to make safe and responsible - in addition to being geographically and temporally limited – the use of the military expression of the National Power in nonwar situations and in a civilian environment and domestic sphere. The methodology used consists of bibliographical and documentary research and the author's experience as a law professional, starting after a brief doctrinal foreground on the exclusivity of the legitimate use of force by the State, the text of the Federal Constitution and national legislation and jurisprudence to delimit and conceptualize the deterrent use of military forces in LOG OP. The field of study was limited to the national scenario, in view of the idiosyncrasies of the national legal system. It uses casuistry to exemplify the need to clarify its legitimizing parameters and critically analyzes the current situation, pointing out successes and mistakes. In conclusion, it is expected that there will be a better knowledge about the responsibilities, hypotheses, limits and consequences of the use of the Armed Forces in aiding public security so that it can be done in a safer and more serene way for the common good and one of the desiderata of the State, social peace, preserving and minimizing the risk of exposure to attrition and criticism of the credibility of the military expression of National Power.