THE ROLE OF THE MILITARY POLICE IN ENSURING PUBLIC ORDER: CONSTITUTIONAL AND LEGAL LIMITS IN THE BRAZILIAN DEMOCRATIC RULE OF LAW

Abstract

The Brazilian Military Police (PM), a pillar of public security, operates under the complex intersection of the need to maintain order and the imperative of respecting fundamental rights. This article exhaustively analyzes the role of the PM in ensuring public order in Brazil, exploring its constitutional and legal foundations in the context of a Democratic State of Law. It addresses the historical evolution of the institution, the conceptual differentiation between public order, public security and the Democratic State of Law, and the inherent tension between the state's prerogative to use force and individual freedoms. The research delves into the constitutional mandate of Art. 144 of the CF/88, the limits imposed by fundamental rights and guarantees, the principle of proportionality and infra-constitutional and internal regulations. It also analyzes the mechanisms of control and accountability, such as the role of the Public Prosecutor's Office and the jurisprudence of the higher courts, as well as the challenges and perspectives for the future of democratic police action. The study seeks to offer a systematic and critical analysis, based on extensive legal and sociological literature, highlighting the importance of the continuous improvement of police institutions for democratic consolidation.