The federal intervention on the public safety of the city of Rio de Janeiro in the light of the Federal Constitution of 1988

Abstract

It is very visible in Brazilian society an increase in crime and the growth of organized crime. The organizations' intention to create a parallel power is also perceptible, and for this reason, the strategy is to shake the legitimate power of the State; of the need to maintain order, rebalance, control and strengthen the Federative Pact, in which the entities seek an extreme solution, which in this case is the Federal Intervention, in which the Union dealing with the active pole in this process, with its sovereign power withdraws the autonomy of the state in a temporary and exceptional manner. The purpose is to analyze the Federal intervention, which can be motivated by many reasons, which are listed in articles 34 and 35 of the CF / 1988. The research is exploratory; logic, deductive; and the qualitative approach. For this, the analysis of historical, doctrinal and constitutional concepts in relation to federalism in the Brazilian State is done; the material and formal assumptions of federal intervention, the rigidity of constitutional requirements in relation to federal intervention, the possibility of federal intervention in accordance with the current constitutional norm, and the possibility of federal intervention in public security. As a result, it should be noted that the effectiveness of such intervention in Public Security in the state of Rio de Janeiro, implemented by Decree No. 9,288, of February 16, 2018, to combat this unfavorable situation, and its short term, December 2018, for the real restoration of public order, correcting the ills and inequalities of decades.