PUBLIC SECURITY IN BRAZIL: EXPANSION OF JUSTIFICATION IN THE BRAZILIAN PENAL CODE

Abstract

This article aims to analyze normative proposals recently discussed by both the Legislative and Executive Powers regarding the expansion of justifications in the Brazilian Penal Code, shown in an attempt to safeguard the operation of military agents in the fight against crime during Operations for Guaranteeing Law and The Order. Therefore, the aim is to identify the related constitutional principles, as well as to interpret the causes that led to the implementation of the expansive hypotheses in the penal text. For that, it was necessary to analyze the Constitution, the penal legislation and the new bills. In the end, it seeks to analyze the clashes between the aspects of public security and the principles of the Democratic State of Law. Thus, it will be possible to comprehend, through the understanding of legal doctrines thinkers., the mismatch between the normative, the social fact and the values recognized by the bills.