Studies of the reasons and forms of the application of article 142 of the Brazilian Federal Constitution

Abstract

The objective of this study is to analyze the reasons for and forms of application of Article 142 of the 1988 Federal Constitution, which establishes that the Armed Forces are national, permanent, and regular institutions, composed of the Navy, Army, and Air Force, and are organized on the basis of hierarchy and discipline, with the President of the Republic as their supreme authority, and are destined for the defense of the homeland, the guarantee of the constitutional powers, and, at the initiative of any of these, law and order. This paper discusses the constitutionalist movement; the constituent power; the armed forces; the moderating power; and the reasons and forms of application of article 142 of the Federal Constitution. The proposed research problem consists of discovering the reasons and forms of application of Article 142 of the 1988 Federal Constitution. Thus, the methodology employed in this work is bibliographic and documental, since it is based on a bibliographic review of the themes indicated and also analyzes documents from the National Constituent Assembly, with a technical basis in the legislation in force. The final conclusion is that the Armed Forces must act in serious cases of disturbance of order and when the traditional forces of public security are exhausted, always acting on the initiative of the constitutionally constituted powers.