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41-530: The National Force is composed of the most qualified civil and military police personnel, military firefighters and experts loaned from each of the states of Brazil . It is deployed in cases of major security crisis to augment local security forces by the request of local authorities. It is similar in its regiment, action, and use to the USA's National Guard . The Secretary of the SENASP, Police Commissioner of

82-429: A lawyer". Roberto Campos , economist, ex-senator and Minister of Planning of Brazil in the early years of the military dictatorship noted that "The OAB has achieved the feat of being mentioned three times in what he defines as the "besteirol Constitution" of 1988. According to him, "it's perhaps the only case in the world where a club of professionals has enshrined the constitutional text." The Constitution of Brazil

123-440: A new Civil Code (2002). It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal remedy against those who spread hate speech or those who do not treat all citizens equally. This second aspect helped disabled people to have

164-546: A reserved percentage of jobs in public service and large companies, and Afro-Brazilians to seek reparation for racism in court. Breaking with the authoritarian logic of the previous Constitution, it made unbailable crimes those of torture and of actions directed against the democratic state and the constitutional order , thus creating constitutional devices to block coups d'état of any kind. The Constitution also established many forms of direct popular participation besides regular voting, such as plebiscite, referendum and

205-617: A slow judicial system. Brazil has the 30th slowest judiciary among 133 countries, according to the World Bank . This has caused the judiciary to use provisional arrests as an advance of the sentence. In 2015 more than 40% of prisoners in Brazil were provisional. A World Bank study criticized the 1988 Federal Constitution for extending the privileges of civil servants, aggravating income inequality in Brazil. Remuneration and retirement are disproportionately high according to studies. In 2015,

246-547: Is composed of nine titles, subsequently divided into chapters and then articles. The articles are in turn divided into short clauses called incisos (indicated by Roman numerals ) and parágrafos (indicated by numbers followed by §). The Constitution refers to the country as "the Union". The preamble to the Federal Constitution is a brief introductory statement that sets out the guiding purpose and principles of

287-526: Is criticized by some. Some criticize an alleged excessive power granted to the Order of Attorneys of Brazil by the Constitution. Brazilian philosopher and journalist Hélio Schwartsman considers that the 1988 Constitution conferred "disproportionate powers" on lawyers such as "appointing judges, writing laws, proposing direct actions of unconstitutionality, defining who can and who cannot become

328-536: Is the supreme law of Brazil . It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil . It replaced the autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's 6th republic, also known as the New Republic (Nova República). Made in the light of the Brazilian transition to democracy , it resignified

369-670: Is the elite unit of National Public Security Force. It is headquartered in Gama , in the Federal District . Its training with elite units of Brazil and abroad allows BEPE to be effectively suited for patrol or police special operations anywhere in the country. The BEPE was established by the Ministry of Justice as the leading and best-trained unit within the Brazilian police to act in emergency situations concerning public safety when

410-1128: The Brazilian Federal Police , Luiz Fernando Correa, is in overall charge of the Force, while the Colonel of the Military Police of Acre , José Américo de Souza Gaia, has operational and direct control of the force. The National Force is composed of men of the Brazilian Military Police of the various states of Brazil , in coordination with the Secretary of Public Security of each different Brazilian state. Law enforcement officers receive initially 100 hours of further education, divided in ten days of training. There are classes in human rights , control of civil riots, ostensive policing , crisis management and shooting techniques. The BEPE or Batalhão Especial de Pronto Emprego (Quick Deployment Special Battalion)

451-558: The Civilian Police ( Portuguese : Polícia Civil ) is the name of the investigative state police forces. The Civilian Police are agencies of the public administration of the states and of the Federal District of Brazil, whose function is, under Article 144 of the Federal Constitution of 1988, public security and the preservation of the public order, the safety of the people and of the patrimony. Each of

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492-777: The Executive , the Legislative and the Judiciary , and lists the nation's main goals. One of the most important excerpts from this title is in Article 1, single paragraph, stating: All power emanates from the People, who exercise it through elected representatives or directly, under this Constitution. Title 2 states the Fundamental Safeguards. It ensures basic rights to all citizens and foreigners residing in

533-422: The citizens' initiative . Examples of these democratic mechanisms were the 1993 plebiscite concerning the form of government, where the presidential system was confirmed, and the 2005 firearms and ammunition referendum . The mention of God in the preamble of the Constitution (and later on the Brazilian currency) was opposed by most leftists as incompatible with freedom of religion because it does not recognize

574-615: The Authority Police Specialists Note : In several Brazilian states, Police Specialists (Expert Criminal) direct an unattended Police Department, generally called "Scientific Police" or "Technical Police", responsible for criminal expertise at the respective state. Constitution of Brazil Recent elections The Constitution of the Federative Republic of Brazil ( Portuguese : Constituição da República Federativa do Brasil )

615-414: The Brazilian state, in 2017, to have stakes in more than 650 companies, involved in one-third of the national GDP. This model also created restrictions for the performance of foreign companies in several fields with harmful consequences for the country's growth. In the view of some scholars, this economic model favors patrimonialism and corruption . The Constitution is also responsible for creating

656-486: The Country, prohibits capital punishment , defines citizenship requirements , political rights , among other regulations. Title 3 regulates the state organization. It establishes Brasília as the nation's capital, describes the rights and duties of the states, the municipalities, as well rules for the public staff. Title 4 is about the branches of government. It describes the attributes for every government branch, and

697-613: The Court and the State of Brazil (Intendência Geral de Polícia da Corte e do Estado do Brasil, in Portuguese) was created by charter of D. João VI on May 10 of that year, centralizing the police attributes of competence belonging to several authorities such as Ouvidor Geral , the alcaydes , the quadrilheiros and the road and assaults captains . The first Police General Superintendent was Councilor Paulo Fernandes Viana who organized

738-472: The Federal Constitution. Each of the 26 states plus the Federal district has its own Civil Police force. They are each directed by a Chief of Police, chosen from among commissioned career officers. The services of judiciary police are performed through individual precincts that have jurisdiction over entire towns or small cities as well as sections of large cities. A collegiate organ Direct assistance of

779-576: The National Public Security Force back in 2007 when the state suffered from a wave of attacks by several criminal factions. The Federal Government agreed to send a contingent of about 500 men and 52 vehicles to patrol 19 critical points within the state, primarily within the favelas . The FNSP was called into action in the states of Santa Catarina, Minas Gerais and Bahia in 2013, and in Pernambuco in 2014. In these cases,

820-488: The Police Chief Operational planning Fiscalization Professional formation Operational organs Administrative support Technical-scientific support (in some states, this is a separated organization) Special Investigations Department, which is the information organ of the states police, is responsible for the highly complex police investigations; yet as its duty it has the dignitaries safety and

861-499: The Privileged Forum expired. Also criticized is the requirement of unappealable transit for the execution of the sentence. For Judge Sergio Moro , waiting for the final judgment will contribute to impunity. According to Minister Teori Zavascki after confirming a second sentence, one could no longer speak of the principle of non-culpability, since "the exceptional remedies, for the superimposition courts, do not boast

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902-456: The ability to review facts and evidence". In the electoral aspect, the Constitution adopted the mandatory vote. Among the 15 largest economies in the world, Brazil is the only country in which voting is mandatory. A 2014 survey showed that the mandatory vote is rejected by 61% of Brazilians. Some question whether it is democratic to compel people to vote. The Constitution adopted the social democratic model of State organization, as defined by

943-572: The columnist for the newspaper O Estado de S. Paulo Luiz Sérgio Henriques . For professor and lawyer Marco Aurélio Marrafon , president of the Brazilian Academy of Constitutional Law, the 1988 Brazilian Magna Carta organized the State according to the Welfare State model, in which it is intended to reconcile "the liberal component of preservation of individual rights and limitation of state power, with direct economic intervention and

984-566: The document. The text reads: We, the representatives of the Brazilian People, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in

1025-479: The federal government offered to send the National Force to assist the state of São Paulo against acts of violence organized there, in 2006, again by prisoners against the state public safety forces, but the federal government offer was refused by the state government, as the state claimed control over the prisoners. The governor of the state of Rio de Janeiro , Sérgio Cabral Filho asked for support from

1066-502: The federal government's deficit associated with the retirement of the approximately 1 million government employees was greater than the total registered with 33 million private pensioners. For the World Bank, civil servants are among the richest fifth of the Brazilian population. For Roberto Brant , the Federal Constitution was captured by groups of civil servants in 1988. Philosopher Fernando Schüler maintains that Brazil went against

1107-538: The force provided strict security measures in these states. It reinforced local police work in Teresina , Piaui, in 2015. In 2016, aside from security duties at the 2016 Rio Summer Olympics and the city elections there, detachments of the force were deployed to Rio Grande do Sul and Maranhão, and in the fall of 2017 in Espírito Santo. [REDACTED]   Italia Civil Police (Brazil) In Brazil ,

1148-414: The grain in the 1980s: "While the world tried to adjust the State to globalization and modernize public management, Brazil bet on a super bureaucratic state in the 1988 Constitution. We offer rigid stability in the employment for civil servants, we mix careers of State with common careers of the public service, we create the law of biddings, we cast the budgets and we eliminate any space for the meritocracy in

1189-481: The internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. Title 1 is devoted to the fundamental principles of the Union. It describes the States , the municipalities and the Federal District as the indissoluble constituents of the Union. It also establishes three independent, harmonic government branches:

1230-530: The maintenance of the Special Operations Services ( CORE , GOE and others) which uses highly trained policemen in dangerous tasks that the police have to face daily. The function of Judiciary Police is exercised through the police inquiry , included in the Brazilian prosecution law in order to investigate the penal infractions and their responsibility. When concluded the inquiry is sent to the criminal judge. Police Authority Agents of

1271-628: The police administration in Rio de Janeiro city as it used to be in Lisbon . The Police General Intendancy went through the phase of the Brazilian politic emancipation movement which finally culminated on September 7, 1822. Civilian Police had been gradually developing for all country during the governments Imperial and Republican. Today, the constitutional existence of the Civilian Police and its attributions elapse of article 144, IV and 144 § 4°, of

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1312-644: The preservation of the juridical order, to the (promotion of the) harmonic life of the community, and to guarantee citizens' rights and liberty. The Civilian Police of Brazil had origin in the General Intendancy of Police, created in Rio de Janeiro in 1808. With the transference of the Portuguese Royal Family to Brazil in 1808, the police started to be regulated, have structure and important social role. The Police General Intendancy of

1353-423: The promotion of public policies, in order to redistribute resources and reduce social inequalities." In order to finance the Welfare State, it was necessary to raise the tax burden, which went from 23.4% of GDP in 1988, to 33.6% of GDP in 2005, and to link budget revenues. Thus, the Union reached 93% of mandatory spending in 2017, decreasing the room for maneuver by the government and affecting investments. This option

1394-560: The public area." For jurist Modesto Carvalhosa , only a new "principiological" constitution would end the privileges of the 1988 Constitution. The Federal Constitution of 1988 is also criticized for having adopted one of the broadest Special Forums in the world, which jurists argue encourage corruption. A quarter of the actions with a Privileged Forum take more than ten years to be judged. The Supreme Federal Court takes 1,300 days to judge criminal actions by persons with privileged jurisdiction. Between 2001 and 2017, 200 actions involving

1435-400: The rights of polytheists such as some indigenous peoples or of atheists . The Supreme Federal Court has ruled that this commission of the protection of God was not unconstitutional since the preamble of the constitution is simply an indication of principles that serves as an introduction to the constitutional text and reflects the ideological conceptions of the legislator, falling within

1476-454: The role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools. The 1988 Brazilian Constitution is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. The current Constitution of Brazil

1517-406: The rules for amendments to the Constitution as well. Title 5 regulates the defense of the State and its democratic institutions. It rules the deployment of the armed forces , the national security baselines, and declaration of state of emergency . Title 6 comprises taxation and the nation's budget. It disposes on budget distribution among the Union's components and their competencies, and

1558-519: The scope of political ideology and not of the Law. The Federal Constitution of 1988 is criticized in the doctrine for being very extensive, long-winded, and analytical. This characteristic forced the Constitution to be amended several times, in politically costly processes, to adapt to changes in society Another criticism is that the 1988 Federal Constitution reproduces a model of state capitalism , expanding state monopolies and regulations, which allowed

1599-420: The state law enforcement agencies request federal intervention. Urgency, that can be quickly answered, as his quota is effective and not demobilizable, remains in readiness to meet by Situation critical in public safety. On different occasions, the National Force was called in the state of Espírito Santo as well as in the state of Mato Grosso do Sul , primarily to help contain prison riots. On another occasion,

1640-481: The states and the Federal District has its own civilian police department, which carries out detective work, forensics and criminal investigation, acting as a state bureau of investigation , while the " military police " carry out preventive police duties. It aims at the exercise of functions of judiciary police and the exercise of activities of administrative and security police, which are indispensable to

1681-435: Was drafted as a reaction to the period of military dictatorship , and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among the new constitutional guarantees are the errand of injunction and the habeas data . It also anticipated the existence of a Consumers' Defence Code (enacted in 1990), of a Children's and Youth Code (1990) and of

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