THE USE OF THE ARMED FORCES IN LAW AND ORDER GUARANTE E OPERATIONS IN THE STATE OF RIO DE JANEIRO
LEGAL ASPECT UNDER ART 16-A CPPM.
DOI:
https://doi.org/10.51473/rcmos.v1i4.2021.73Keywords:
Security, Police, Society, Legality, GLOAbstract
The present work deals with the employment of the Armed Forces in Law-and-Order Guarantee Operations, a discussion on Article 142. This theme is extremely relevant in the legal and factual scenario, because, in addition to being a matter of preservation and promotion of security public in various facets, it is also a form of collective human and patrimonial protection, considering that the use of the Armed Forces comprises: the defense of the country, guarantee of constitutional powers, guarantee of compliance with law and order and national security. The objectives of this paper are: to present the importance and relevance of the Armed Forces to the community; analyze article 124 of the Federal Constitution; demonstrate the situation of the state of Rio de Janeiro with regard to public security. In that pitch, a problem was necessary that raised the following questions: Knowing that the guarantee of law and public order is fundamental for collective protection, how and when Brazilian states can elicit the support of the Armed Forces? What has changed with the implementation of Article 16-A of the Military Penal Code? Thus, through a bibliographic review using analytical methods and data collection using the qualitative method, it was possible to present to the Armed Forces, the constitutional mission performed by them, presentation of concepts, demonstration of the applicability of federal intervention in the state of Rio de Janeiro and the jurisdiction of the Military Justice after the insertion of article 16-A of the CPPM.
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