Decree by Temer to create Intelligence Task Force is unconstitutional

According to Conectas, the decree is unconstitutional and we hope the Federal Supreme Court will be urged to recognise its legal flaws and declare it null.

Rio de Janeiro 07 06 2018 Armed Forces and the police carry out operation in the Gardenia Azul community, Jacarepagua, Rio de Janeiro. Photo Tomaz Silva/Ag Brasil

Presidential decree number 9.527/2018 was published on 15 October to allow the creation of an Intelligence Task Force to tackle organised crime in Brazil.

By this decree, the eleven groups that form the Task Force – including Navy, Army and Air Force Intelligence Centres – will have the power to “analyse and share date and to produce intelligence reports with a view to contributing to the elaboration of public policies and government action to tackle criminal organisations that threaten the Brazilian state.”

This is a new step by the Temer Government in the expansion of the power of the armed forces to beyond those set out in the Constitution as essential.

The decree is, therefore, unconstitutional, as it assigns investigative activities to the armed forces, which should be the exclusive responsibility of the civilian state police and the federal police, as clearly stated in article 144 of the Federal Constitution. In addition, increasing the functions of the armed forces by decree is flagrantly unconstitutional, given that only a constitutional amendment has the power to change assignation of power set out in the Constitution.

Given the current political situation in Brazil and the constant threats to rights resounding on all sides, civil society must not stray from its role of exposing unconstitutional government measures, the intentions of which are unclear.

Conectas sees this decree as unconstitutional and hopes the Supreme Federal Court will be urged to recognise its legal flaws and declare it null.