A importância da Inteligência de Estado para o Estado Democrático de Direito

Abstract

The State Intelligence is a very important activity for the Democratic State of Law, but sometimes the lack of knowledge about it can leave doubts or even uncertainties about its application in the real context or about its methods of action. Thus, this paper demonstrates what are the strategic sectors that it can occupy, the legislation that applies to the State Intelligence agencies in Brazil, as well as the concept of the Democratic State of Law. It also presents brief discussions about the limits of the use of intelligence to maintain the democratic State of Law and its vital importance for the protection of society, constitutional guarantees, fundamental rights, etc., and to verify who should supervise this activity and what is its legitimacy. The study shows the importance of the existence of strong legislation regulating intelligence activities, bringing security to intelligence operations, as well as intelligence agents, who can carry out the missions provided by legislation. The constitutional limits already established for this activity, such as respect for human dignity, privacy and transparency, basic principles of the Federal Constitution, are also evidenced in the work, expressly bringing the inviolability of these principles to all the actions practiced by the agents in carrying out intelligence operations. Finally, the participation of the intelligence sector in the most diverse areas of the State, such as fiscal, tax, federal or state police or national and international strategic issues of State interest are essential, mainly as a strategic tool that assists in making decisions to safeguard the sensitive points of the State and society (sic).