O vínculo constitucional entre o exército e as polícias militares : reflexos na estrutura organizacional, formação e prática profissional (1934-1988)

Abstract

The Military Police (PMs) are constitutionally linked to the Brazilian Army in the condition of reserve and auxiliary force since the Constitution of 1934. The constitutional attribution of sponsor police for the public order, at the same time that the Army reserve and auxiliary force, impose two distinct logics of the usage of force, which redound in the dispatching for the combat and in the application of properly police activities. This link has enabled the equipment of the PMs by the federal government to the political repression in the states in periods of exception like the Vargas dictatorship (1937-1945) and the military dictatorship (1964-1985). After the reestablishment of the democracy, due to the fragility of the democratic control mechanisms on the police, the autonomy given to police institutions during the authoritarian regimens remained, manifesting itself in violent and arbitrary practices incompatible with the democratic environment. The police action in the repression of political and social order crimes as of 1935 was demarcated by the National Security Law (LSN), a special legislation in which political conditions determined its severity and achievement. In practice, the constitutional linkage with the Army has influenced in the organizational structure, in the training and interaction of the military policemen with the society. By the class curricular analysis, documents, legislation and manuals of the Army which orient the training of Military Police of the State of Espírito Santo professionals (PMES) were verified in the process of training, the influence of the national security doctrine and the LSN in the 70s, 80s and 90s. The military police is opposed to changes and any external control and they persist, even after the Constitution of 1988 with behavior and practices observed during the military regimen. This opposition occurs due to the high institutionalization of this police, being the constitutional link with the army a great institutional obstacle to the achievement of the necessary changes.