From the beginning to the principles: the redefinition of the use of force by military police from the perspective of International Human Rights Law (IHRL)

DOI: 10.5281/zenodo.14187392

Abstract

This article seeks to analyze the redefinition of the use of force by state military police forces over time based on International Human Rights Law (IHRL). Military institutions have their own rules that differ from those of civilians as members and strong arms of the State. The excessive use of force throughout history has always been the target of criticism; however, in a Democratic State of Law, it is a necessary means of maintaining public order. Thus, it is necessary to understand the constitutional function of the military police officer in light of the impact it has on the State. To this end, the primary aspects of Humanitarian Law and Human Rights will be addressed from a historical perspective. Secondly, the constitutionalism of these rights as a more effective measure will be highlighted. Next, the changes presented in the nomenclature of the use of force by Brazilian military police forces will be discussed. Finally, the terminology “differentiated or selective use of force” used by the Military Police of Paraná (PMPR) will be analyzed in particular. The procedure used is the deductive method, which aims to critically analyze and make solid comments on the subject in question through a bibliographic review of books, websites and various laws. Based on the study presented, it is possible to state that, faced with a rigid international apparatus and extensive domestic legislation, the military police officer of the 21st century has become a true promoter of human rights in his routine of occurrences that require the use of force to maintain public order.