Prisão administrativa na Polícia Militar do Rio Grande Do Norte: análise acerca da aplicação da Lei Federal nº. 13.967/2019

Abstract

The present work deals with Federal Law No. 13,967 of December 26, 2019 and the end of administrative imprisonment in state military police. In this context, issues related to the validity and effectiveness of Federal Law No. 13,967 of December 26, 2019, which extinguished disciplinary detention and detention within state military institutions, as well as ADI Nº 6595 that discusses its constitutionality, will be addressed. It is proposed to know if the law under discussion has been effectively applied in the PMRN and what is the position of the managers, the doctrine and the jurisprudence on the interpretation and application of that Law, especially regarding arts. 3rd and 4th, which deal with the moment of its effects in the factual world. The chosen theme is important because it provides clarifications about the applicability of the law and its social, administrative and legal consequences. As a methodological procedure, it consisted of qualitative bibliographic and jurisprudential research with analysis of data from general bulletins and reflections on the theme. It is concluded that the Law under study has not been applied in Rio Grande do Norte and that the authorities have been using other normative devices, such as Dec. 8.336 / 82 to the detriment of that Law; further studies are needed to resolve practical issues such as the obligation of states to create their codes of ethics and discipline, whose legal term is about to expire.