Lei de Segurança Nacional: uma leitura à luz da Constituição da República de 1988 e do Direito Internacional de Direitos Humanos

• Ano de defesa: 2017
• Autor(a) principal: Fabiana Figueiredo Felicio dos Santos
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Direitos humanos; Direito internacional dos direitos humanos; Lei de segurança nacional; Justiça de transição; Constituição da república; Segurança nacional Legislação Brasil; Meyer, Emílio Peluso Neder; Direito constitucional
• Link de acesso: http://hdl.handle.net/1843/BUBD-AY6MHV

The present research is aimed to analyse the possibility of contextualizing the National Security Law (NSL, n. 7.170/1983) within the scope of the legal order implemented after the enactment of the Brazilian Constitution. The law under scrutiny in this research was enacted during a dictatorship, in which the ideology of national security was utilized as an argument for the maintenance of the political order at the expense of fundamental rights of citizens. Inasmuch as it reflects the authoritarian values of the past, the aforementioned law is analysed here both in its material and hermeneutic aspects, under the light of the democratic State based on the rule of law implemented with the Democratic Constitution of 1998 and the International Human Rights Law that, ever since the end of the great wars, has been promoting the defense of human security. It is doubtful, having in view a society based on the constitutional principles of citizenship, pluralism and human dignity, that laws that negatively affect human rights with a declared intention to ensure national security, political and social order, should be considered as valid in their own right. Therefore, in order to demonstrate the correctness of the hypothesis of the non-reception of the norms contained on the NSL, the research presents concrete cases involving its application and, in sequence, a historical study of Brazilian national security laws. Next, this study is set to investigate on the doctrine of national security. The study investigates the basic norms of International Human Rights Law and its pursuit for the effective protection of human security. From this analysis, it was possible to verity how the NSL was filtered and its possible reception under the Brazilian Constitution . Finally, the study provides an investigation on the insistent authoritarianism in the Brazilian context, demonstrating, as a result, the imperative need to fulfil the entire project of transitional justice, in order to completely uproot the authoritarian legacy of national security ideology left by the Brazilian military regime (1964-1985).