The State of Right and to Urban Guerrilla - a Brazilian reality

The Federal Constitution of 1988 established that the Federal Republic of Brazil is a democratic State of Right that has as foundation the respect to the life, to the freedom, to the property, and the physical integrity, still falling to the State to assure the Brazilians and the foreigners that live in the national territory, or that you/they are passing through him, the right the public safety that one find inserted inside of the concept of public order, that it possesses three main aspects, the public safety, the public peacefulness and the public salubrity.

The exercise certain activities inside of the State of Right for they be of relevance for the survival of the own State can be exercised only by public agents properly accredited, that in the case of the public safety they are the organs policemen's members, civil or military. In this wheat field it is not admitted that matters can exercise functions that are of the agents policemen's exclusive competence, civil or military, state or you federate.

The public safety's maintenance demands investments that cannot just be limited to the acquisition of vehicles, weapons, ammunition, vests, radios, among others. In the reality, the public safety to be well happened demands a serious politics that it is gone back to the preservation of the public order in all their aspects, among them, the combat to the impunity with a penitentiary system that it is effective and not just a deposit of people that you/they are moved away sometimes temporarily of the society, but that most of the time return worse than when they enter for the execution of the imposed penalty.

The impunity sense is becoming a reality in the country that everyday is surprised with a new news of corruption, deviations of public resources, actions of influence traffic, where the responsible for the illicit actions most of the time used to stay any day in the prison for force of the benefits or immunities that possess, that you/they impede the processes of they follow his/her to regulate goes through the procedure as it establishes the penal procedural law.

The speeches as regards to public safety be hard, with threats to the criminals and statements in the sense that the population doesn't need to have fear, once the public order one find preserved. In the reality, these statements are moved away with base in numbers. According to the Magazine he/she Sees, in Brazil register more than 50.000 cases of homicides a year, and it is necessary also if it takes in consideration the crimes practiced against the patrimony, the treasury, among other, that so much damage causes the State-administration and the people that answer for the payment of tributes, that not always they are used in an appropriate way on behalf of the public interest and of the very common.

For lack of information or even for malicious intent many people have if hidden behind the flag of the democratic State of Right, under the foundation that the individual rights and the fundamental warranties that were established in the Federal Constitution cannot be limited under penalty of break of the established precepts for the original constituent legislator. That affirmative doesn't pass of a sophism and search most of the time to allow the prevalence of the impunity, the one that comes allowing in some cases the manifestation of groups that you/they are devoted to the urban practice of guerrilla's actions, that it is characterized by the adoption of actions that has for objective to destabilize the State and to cause the fear in the population cumpridora of their duties.

The facts that are happening in the great Brazilian cities demonstrate that the denominated State of Right is not equipped to face the social groups that you/they act with urban guerrilla techniques, once it doesn't possess an effective politics of public safety in national extent and most of the time he/she doesn't get ready to face the situations that flee to the policing pattern taught at the formation schools, as to rural guerrilla and urban guerrilla.

The population feels insecure with the actions that are being practiced by the criminal organizations that you/they challenge the constituted power, the forces policemen, civil or military, and they leave evidenced that the State of Right in terms of public order possesses flaws that the lives are costing as much of the agents of the State as of innocent people.

The speech once again has not been enough to move away the chaos state that takes care of the cities, and the people ask for the hardening of the law again as form of solving the events to the which are subject. The change of the penal legislation won't be enough for the resolution of the problems that you/they are appearing, where the criminal groups are imposing rules that are not established in the State of Right and nor in the own Federal Constitution.

After an analysis perfunctória of the events the following inquiry appears again. How many people do need to die so that Brazil can face the new challenges with mechanisms that are enough to give an answer to those what believe in the impunity and do they know that the State can be challenged and a lot of times humiliated by the criminal associations?

The solution exists and the instruments are also foreseen in the Federal Constitution among them, the State of Defense, the State of siege, the job of the Armed Forks, and

even the elaboration of measures that you/they can take the decrease of the violence and the removal of the impunity sense, as for instance, the break certain privileges and prerogatives that more they resemble each other to a cult the impunity.

The society no more it supports the inefficacy and not even it accepts that his/her freedom is reduced by actions that are not established in the law or in the Federal Constitution. The State of Right demands much more than just speeches or actions that are divorced of the reality and be not capable to assure the integrity the life and the freedom, that are right established as fundamental for the original constituent legislator.

The omission is and it will continue being a cause of responsibility of the State, and all those that if they are harmed should look for the repairing of the damage before the Judiciary Power that it is the guardian of the rights and the citizen's fundamental warranties, that he/she is entitled a calm life, where the departure to the work is not a challenge, that a lot of times it can mean the death, or even the suffering of a serious lesion or gravíssima.

The construction of the democratic State of Right demands an integration among all from the federal beings and also an effective participation of the organized civil society, for the people to have conditions of exercising the rights that were him/her insured in the fundamental norm, Federal Constitution, that it governs the social and juridical relationships in the it Republishes Federal of Brazil.

Notes

1. the text was originariamente published in Site Military Page and also in Site Jus Vigilantibus.