The military’ servitude and the Armed Forces police power over military fortifications’ neighborhood areas

Abstract

The main objective of this study was to identify the police power of the brazilian’s Armed Forces in their fortifications bordering areas and to analyse, legally, the harmonic coexistence of the exercise of this eminent domain with the routine of the local population. Over the years, with the natural growth of cities, the military barracks began to integrate into the urban conglomerate, that which certainly demands the adoption of restrictive measures applicable to the preservation of the public interest, especially in the maintenance of regular preparation for the combat readiness of the Armed Forces; without, however, neglecting the protection of the physical integrity of individuals who transit through these immediate areas. In this thematic, the qualification of military servitude stands out and, therefore, the incidence of police power in the spaces that border military fortifications and, although these matters are still evolving in a legal and jurisprudential way, this does not relieve the public agent of his power to act in accordance with the current legislation. It is with the perception, under this point of view, of balance between the ordinary local tensions existing in the areas neighboring the military barracks that the present essay looked.