A construção dos direitos e a particularidade da policía militar no Brasil: traços de uma trajetória inconclusa

Abstract

This paper discusses the process of building rights in Brazil, with the particularity of their impact on the institution of the Military Police. As a methodological contribution recourse to an accurate theoretical analysis and documentation, gathering a set of national and international laws that link the movement of this process. For this discussion was necessary to first place the establishment of rights from the historical ascendancy of the bourgeoisie as a class and hegemonic assertion of his project extended to the whole society. It became necessary to expand the rights of so-called "citizens". It was precisely from the natural law tradition and its most significant representatives, namely, Hobbes, Locke and Rousseau, which spread a particular theoretical orientation that justified the emergence of rights from the emergence of the state - even influencing the structuring of various Constitutions national. All these thinkers, mutatis mutandis, the state claim to be a substrate made from a contract where the subjects renounce their condition and aggregate state of nature into a sphere called civil society. These assumptions stand as one of the central elements of the expansion of liberalism. To understand critically the limits and possibilities of this historical process, as regards expansion of rights was fundamental apprehension of Marxian and Gramscian analysis of the origin of civil society and the limits imposed by the bourgeois order. Although this process has culminated with the expansion of rights, one can not forget that this expansion was hampered by objective determinations of the capitalist mode of production. Otherwise, it was necessary to understand how this movement was expressed in the Brazilian reality, through a process of several "revolutions from above" as a form of social struggles anticipations. This feature marks the trajectory for rights in Brazil. Pari passu, and consisting of a list of awards and achievements, was forged in Brazil a Democratic State Rights, whose summit is expressed by the Constitution of 1988. This document represents the materialization of various achievements of workers in the framework of civil, political and social, assigning citizenship status to this segment, even if they perceive a gap between the legal provision and its implementation in reality. In the case of the worker policeman, material, now exposed, demonstrates how this category is won such rights, in contrast, is based on a set of values and norms that refer to the period of the military dictatorship and the restrictions imposed in this period . Faced with such bans, we say that the segment policeman, in Brazil, is constituted as a subcategory of the citizens do not have access to a rights historically achieved. Moreover, it was perceived as such a situation, and feature a nonsense in relation to various national and international provisions guaranteeing rights, demonstrates an unfinished path to citizenship for workers policemen. Anyway, the work we present here the public, demonstrates how in the midst of a historical process of enlarging rights, is a category of workers excluded from this movement, like the military police.