Public policies related to intelligence and the fundamental right to security in Brazil

a systemic analysis from the legal regime of public policies

Abstract

Intelligence policies play a crucial role in security, and analyzing these policies in Brazil is relevant due to complex public security challenges. The 1988 Constitution establishes security as the State's duty and everyone's right, but its implementation faces obstacles. This paper analyzes intelligence policies in the context of the fundamental right to security, examining the structure of Brazilian policy and potential improvements. This study’s research problem is: what is the systemic structuring of the Brazilian intelligence policy in relation to the fundamental right to public security and the possible guidelines for improvement? The dialectical method is employed with a monographic approach. This paper addresses contemporary foundations of the right to security and analyzes Brazilian intelligence policy in the context of legal frameworks on public policies. It concludes that improving public policy involves regulating the Internet, as it impacts national security, democracy, freedom, and other rights enshrined in the Constitution.