A relevância da investidura e organização militares das polícias militares para a defesa nacional no contexto do sistema de segurança pública

Abstract

This paper discusses the importance of military hierarchy and discipline as the basis for the organization of military police, responsible for the exercise of ostensive police and the preservation of public order, as well as the military condition of its members, as precursors of ensuring the efficiency of these police agencies. Using hypotheticaldeductive methodology, it conducts exploratory and qualitative research of bibliographic sources on the subject, with opinion, theoretical, historical and conceptual data, resulting from the information collected in the development of the research. It demonstrates that the guarantee of public order is fundamental to the vitality of the democratic rule of law, since in this environment democratic institutions will be able to exercise the fullness of their activities. The paper discusses the constitutionality of the military condition as a special relation of subjection of the members of the state military police as a guarantee of its efficiency in the ultimate interest of the democratic order. The paper addresses the origins of the gendarme police model and its development in Brazil, identifying the specific nature of the police military as an intermediate identity between the civil servant police and the defense military. It demonstrates the effects of military condition and organization based on military hierarchy and discipline as enhancers of organizational efficiency and protection against its politicization and the consequent risks of its co-optation by private or corporate interests. It concludes by pointing out the importance and necessity of strengthening the military organization and investiture through the approval of the general law of the military police, aligned with the current constitutional order.