THE CONSTITUTIONALITY OF THE INTELLIGENCE SERVICE IN THE BRAZILIAN MILITARY POLICE: LEGALITY, DOCTRINE AND JURISPRUDENCE AS FOUNDATIONS OF LEGITIMACY

Abstract

This article analyzes the constitutionality of police intelligence activities carried out by the Military Police in Brazil, in light of the 1988 Federal Constitution, infra-constitutional legislation, legal doctrine, and the case law of higher courts. The growing complexity of public security challenges requires state military institutions to act strategically, efficiently, and preventively. In this context, police intelligence is a necessary mechanism for preventive action and the rational use of force. The article discusses the constitutional foundations that legitimize this activity, examines the provisions of Law No. 14,751/2023 (Organic Law of the Military Police), presents doctrinal support, and examines judicial decisions that consolidate the legality of the practice. Finally, it concludes that intelligence activities carried out by the Military Police are fully constitutional, provided that fundamental rights and institutional oversight are respected.