As novas missões das Forças Armadas e as lacunas no direito brasileiro

Abstract

The termination of the so-called Cold War generated, at first, almost immediate multiplication of new states. These facts, coupled with globalization and the anomie of states, became known studies and preparation for the administration of violence – in the international arena or in the internal ambit – innocuous to new wars (now christened armed conflicts) and a whole strengthening crime. Although, around the world, the number of armed conflicts involving Union have suffered a decline since 1992, non-state armed conflicts have risen sharply since 2008. Terrorism, cyber warfare and drug trafficking install in amorphous, mutable, borderless fronts, to the point of being able to assert that we live up to version 2.0 War. Today has been a multiplicity of legal goods to be protected by the State which reverberate in ultima ratio, and universalized in an unprecedented way, the growing requirement of operation of the Armed Forces in protecting these assets, such as the constitutional order, public peace, defense and external security of the State, the inviolability of national and foreign symbols and their sovereign state bodies, international peace. The ever-increasing performance of the Brazilian Armed Forces in activities and combat crime macro operations, claiming the involvement and contact with the civilian population; analysis and confrontation of paternal law in state legitimacy and guardianship of these activities; and finally, the adjudication of the state and the external control these activities by prosecutors are objects of this study.