A constituição desmilitarizada: democratização e reforma do sistema constitucional de segurança pública
The normative construction of the public security system in the Constituent Assembly of 1987-1988 preserved paradoxical normative space, the military police linked to the Army with a restrictive legal statute of the police offices citizenship through a hierarchical and disciplinary model that is...
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| Formato: | Dissertação |
| Idioma: | por |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/19545 |
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| Resumo: | The normative construction of the public security system in the Constituent Assembly
of 1987-1988 preserved paradoxical normative space, the military police linked to the
Army with a restrictive legal statute of the police offices citizenship through a
hierarchical and disciplinary model that is anachronistic. This research originates from
the following problem: How is it possible to tailor the constitutional system of public
safety, specifically the Military Police, according to the democratic paradigms
constructed by the Constituent from 1988 and carry the right to public safety under
these molds? The militarists limitations of the Constitution allowed the growing
militarization of police departments, organizational culture and authoritarian
institutional practices. Underlying this, the problems related to difficulties in realization
of Right to Public Safety, the strikes of the military police, the incomplete policy cycle
started demanding from the constitutional-legal system appropriate responses. Utilizing
the dialogical method and an interdisciplinary approach to the subject, and theoretically
grounded in overcoming of the constitutional normativist juspositivism.It was found
that the constructed infraconstitutional legislation was insufficient to supply the
systemic shortcomings of constitutional law, when looking to create a single system of
public security without giving due scope to the federal principle and expand the
autonomy the Federated States, and even grant democratic legal status to the military
police. Formal legal limits imposed by the Constitution constructed a legal
anachronism, the military police. Thus, a democratic reading of military police
institutions becomes inconceivable its existence in the constitutional regulatory
environment. Thus, reform the Constitution in order to demilitarize the police and
conduct a normative redesign of the public security system is fundamental to Brazilian
constitutional democracy |
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