Resumo

BUZANELLO, José Carlos. CONSTITUTIONAL MECHANISMS OF STATE DEFENSE. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.315-328.  Epub 30-Jun-2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.15.

This text deals with the constitutional mechanisms of the State of Defense, dealing with its legal and political structures and the proper regulations in the use of force in order to avoid evictions and weakening of the insti - Tions. In its development, the article discusses two distinct situations in the constitutional text: one of defense of the State and another of defense of democratic institutions. The defense of the State involves the defense of the national territory against foreign aggressions, as well as the defense of national sovereignty. Another is the defense of institutions, which in turn involves the maintenance or restoration of constitutional order. To exercise these defenses, the State has an instrument of force called the “constitutional system of crises”. It is concluded that in the context of democracy we did not have constitutional crisis in those thirty years, except for the traumatic experience of impeachment, however, the scenario that is glimpsed is of democratic fragility and what is claimed is the institutional strengthening of the Democratic State of Right.

Palavras-chave : Defense of the State and democratic institutions; Constitutional Normality and Democracy; Abnormality and constitutional crisis..

        · resumo em Português     · texto em Português     · Português ( pdf )