Intervenção militar: os limites do poder das forças armadas para a manutenção do Estado Democrático de Direito

Abstract

Military intervention is a topic that has once again entered the field of debate, due to the demonstrations that took place after the 2022 elections, as far-right groups revolted due to the favorable result for the election of President Luiz Inácio Lula da Silva, in order to position themselves in favor of the application of a military intervention in Brazil, under the validity of the Federal Constitution of 1988. Due to this situation, it is indispensable to analyze in a main way the constitutionality of the military intervention in Brazil, according to the Federal Constitution of 1988, it is necessary for this to clarify the history of the military dictatorship in Brazil, as well as to present the distinctions between military intervention and federal intervention and, finally, to evaluate the (un)constitutionality of military intervention according to the Federal Constitution of 1988. In this sense, the deductive method was used in the present research, since it started from a general historical scope, from the constitutional history, to the analysis of the systematics of the Federal Constitution of 1988 itself. In addition, the research was exploratory, in the sense that for a better conclusion on the subject, the jurisprudential understanding of the STF was sought, and descriptive since it starts from existing facts in a historical context. Finally, bibliographical research was used to support the study in books, academic works, doctrines and legislation. Also, in the first chapter, the past of the military dictatorship in Brazil was analyzed, as well as, in the second chapter, the proper distinction was made between military intervention and federal intervention, concluding in the third chapter with the analysis of the unconstitutionality of the military intervention from the perspective of the Federal Constitution of 1988.