O PAPEL DAS FORÇAS ARMADAS NA DEMOCRACIA BRASILEIRA ANÃ�LISE DA AÇÃO DIRETA DE INCONSTITUCIONALIDADE — ADI 6.457, DF

Abstract

the object is the analysis of the role of the Armed Forces, based on art. 142, caput of the Federal Constitution. The objective is to identify the functions of the Armed Forces and to know the cases of intervention of the Armed Forces. The problem lies in the legal nature of the role of the Armed Forces when the organs or instruments for the preservation of public security are exhausted, according to art. 15 § 3, of the Federal Constitution of 1988. The hypotheses refer to the role of the Armed Forces being able to act as an organ of public security and still be identified with the function of Moderating Power. The methodology will be carried out through bibliographic research and the analysis of the precautionary measure in the Direct Action of Unconstitutionality - ADI 6.457 DF, judged by the Federal Supreme Court, on June 12, 2020, which assessed whether the destination of the Armed Forces in the defense of the Fatherland it is constitutionally enforceable only in cases of intervention to repel foreign invasion and from a state of siege to war or in response to foreign aggression. The result of the research reveals that it is not up to the Armed Forces to act in the preservation of public security, nor as a moderating power, when there are conflicts between the powers of the constituted Powers.