MILITARY POLICE INTELLIGENCE AND THE DEMOCRATIC RULE OF LAW: A CRITICAL ANALYSIS OF FUNCTIONAL DEVIATION BETWEEN INTELLIGENCE PRODUCTION AND CRIMINAL INVESTIGATION IN THE AMAZONAS STATE MILITARY POLICE

Abstract

Public security intelligence has become a strategic and indispensable tool for addressing contemporary criminality, which is characterized by high organizational complexity, transnational reach, and adaptive capacity. Nevertheless, the expanded use of intelligence techniques and products within police institutions has raised significant legal concerns, particularly regarding the distinction between intelligence activities and criminal investigation. This article examines police military intelligence from the perspective of the Democratic Rule of Law, with a specific focus on the Military Police of the State of Amazonas. It argues that the main problems observed in institutional practice do not arise from normative gaps, but rather from deviations of administrative purpose in the execution of intelligence activities. The study demonstrates that the Brazilian legal framework, the National Doctrine of Public Security Intelligence, and the internal regulations of the Amazonas Military Police clearly define the purpose, methodology, and control regime of police military intelligence, expressly prohibiting its use as an informal means of criminal prosecution. Methodologically, the research adopts a qualitative, theoretical-normative approach, employing the dogmatic legal method through the analysis of legislation, specialized doctrine, institutional documents, and case law. The findings indicate that strengthening police military intelligence requires strict adherence to intelligence doctrine, continuous professional training, and effective institutional oversight mechanisms, ensuring both effectiveness in combating complex criminality and compliance with the principles of the Democratic Rule of Law.