Uma análise da evolução jurídica-institucional da atividade de inteligência civil de estado no Brasil.

Abstract

The present study consists of an analysis of the evolution of State Civilian Intelligence activity in Brazil. The Intelligence activity has become a strategic and influential instrument, occupying a central role in government relations that involve the decision-making process. So that the activity of contemporary Intelligence can evolve legally, it is necessary to know the past of information services, so that its future can be projected. The main objective of the research is to analyze the legal-institutional evolution of the State Civilian Intelligence activity in the country, from its genesis to the current institutional model. Therefore, an analysis of the creation and institutionalization of Brazilian Intelligence services in the historical, political and legal planes was carried out, based on the legal institutes that created such services, with a central focus on the legal framework of the Civilian Intelligence activity, established by Law 9.883/99. The study is characterized as a qualitative documentary research with a historical approach. Data were collected through documentary and bibliographic research in primary and secondary sources. It was concluded, therefore, that the activity of Brazilian Intelligence was, in its genesis, institutionalized under a political-institutional profile of a repressive and policenature. On a legal level, Intelligence legislation has historically proved to be precarious and incipient. However, from the creation of Brazilian intelligence Agency and institutionalization of the Brazilian Intelligence System by Law 9,883/99, the activity evolved due to in democratic terms to the informative profile, achieving a great evolution in the process of adapting the activity within the framework of the democratic rule of law. However, despite the advances already achieved, the process of democratic restructuring of the activity is not complete. Thus, there are still many legal-institutional challenges to be overcome, since it is essential to create public policies for State Civilian Intelligence and the institution of legal mechanisms that ensure compliance with the existing Intelligence legislation. In addition, initiatives that promote reforms in the Intelligence of the activity in legal, institutional and technical-operational terms are necessary.