Exército Brasileiro nos Complexos do Alemão e da Maré: constitucionalidade ou inconstitucionalidade das operações de garantia da lei e da ordem

Abstract

This study objective is to evaluate the constitutionality of the use of the Brazilian Army troops in operations Guarantee Law and Order in the city of Rio de Janeiro, at the request of the Governor of the state, more specifically in the Favela do Alemão and da Penha and Favela da Maré, through the prism of a democratic state. Through the study of law about the matter, addressing its major aspects and relevant doctrinal discussions, and comparing this with the operational features of the Operation Archangel (Complexo do Alemão and Penha) and the Operation San Francisco (Complexo da Maré), we will do an analysis seeking if this situation is materially in accordance with the constitutional mission of the Armed Forces, or the use of Brazilian Army in that cases brought shame that established by the Federal Constitution to the troops. The importance of the subject is due to the risks raised by the doctrine of functional deviation of the Armed Forces, which may adversely affect the Brazilian State.